Provisions relating to pre-mature retirement in the Fundamental Rules and CCS (Pension) Rules, 1972

 కేంద్రప్రభుత్వం 1972 CCS నిబంధనలు మార్చుతూ కేంద్రప్రభుత్వం  ఉధ్యోగి 30 సంవత్సరాల సర్వీస్ పూర్తి లేదా 50/55 సంవత్సరాల  సర్వీస్  ఏది ముందు పూర్తయితే వారు కంపల్సరీ గా పదవీవిరమణ  చేయాలని ఉత్తర్వులు  జారీ చేశారు.

No.25013/03/2019-Estt.A-IV 
Government of India
Ministry of Personnel, 
Public Grievances and Pensions 
Department of Personnel and Training Establishment A-IV Desk 
 North Block, 

New Delhi-1
Dated : 28th August, 2020 
 OFFICE MEMORANDUM
 
 Subject: – Periodic Review of Central Government Employees for the strengthening of administration under Fundamental Rule (FR) 560)/(1) and Rule 48 of CCS (Pension) Rules, 1972 
 Instructions have been issued from time to time for undertaking periodic review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service prematurely, in public interest, as per Fundamental provisions/Rule referred in the subject cited above. In order to bring in better clarity to the existing instructions and enable uniform implementation, an effort has been made to review, consolidate and reiterate the guidelines so far issued on the subject at one place. 
 2. The objective of Fundamental Rule (FR) 560)/(1) and Rule 48 of CCS(Pension) Rules, 1972, is to strengthen the administrative machinery by developing responsible and efficient administration at all levels and to achieve efficiency, economy and speed in the disposal of Government functions. It is clarified that premature retirement of Government servants under these rules is not a penalty. It is distinct from ‘Compulsory Retirement’, which is one of prescribed penalties under CCS (CCA) Rules, 1965. 
 3. Provisions relating to pre-mature retirement in the Fundamental Rules and CCS (Pension) Rules, 1972

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3.1 The Appropriate Authority has the absolute right to retire a Government servant under FR 560), FR 56(1)or Rule 48 (1) (b) of CCS (Pension) Rules, 1972 as the case may be, if it is necessary to do so in public interest. 
3.2 FR 560) :- The Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice ;-

(i) If he is, in Group ‘A’ or Group ‘8’ service or post in a substantive, quasi- permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years;
(ii) In any other case after he has attained the age of 55 years. 

 3.3 FR 56(1);- Notwithstanding anything contained in clause U), the Appropriate Authority shall, if it is of the opinion that it is in the public interest to do so, have the absolute right to retire a Government servant in Group C service or post who is not governed by any pension rules, after he has completed thirty years’ service by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice. 
 3.4 Rule 48 (1) (b) of CCS (Pension) Rules, 1972;- At any time after a Government servant has completed thirty (30) years’ qualifying service, he may be required by the Appointing Authority to retire in the public interest and in the case of such retirement, the Government servant shall be entitled to a retiring pension, provided that the Appointing Authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice. 
 4. Time Schedule to be followed i- The time schedule given in the following table, shall be followed for undertaking the exercise of review of performance of
Government servants ;-
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