April 29, 2024
No Shield Against Early Retirement

Central Staffers Have No Shield Against Early Retirement

Government has made it clear that the Central Staffers Have No Shield Against Early Retirement. The Central government has made it clear that it can, in public interest, prematurely retire its employees at any time even after they have attained the age of 50/55 years or completed 30 years of qualifying service, and not limit their ‘performance review’ to these two set milestones laid down in the pension rules.

Moreover, even government employees who were cleared to be retained in service as per FR 56(j) and Rules 48 of CCS (Pension) Rules, 1972, may face further review at any time during their remaining service if the appointing authority feels it is expedient on account of the changed circumstances.

Order clears ambiguity over performance review systemGovernment sources said the new rules seek to remove any ambiguity in interpretation of orders issued earlier regarding Fundamental Rule 56(j)/l and Rule 48 of the CCS (Pension) Rules, 1972, which provide for review of performance of a government servant after attaining 50/55 years of age or on completion of 30 years of qualifying service, with a view to ascertain if he should be retained in service or retired in public interest.

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For example, if a review cannot be undertaken due to non-adherence of set timelines due to administrative exigencies, the updated norms state in ‘black and white’ that such review can be undertaken at any time during his remaining service. Recently, OM eliminates the scope of ambiguity in interpretation of instructions on whether the government servant is immune to a review of his performance and premature retirement after he was found fit to continue based on review at 50/55 years or after finishing 30 years of service.

“There is also no bar on the government to review any such case again where it was decided earlier to retain the officer, but the appropriate/appointing authority is of the opinion that it is expedient to undertake the review again on account of changed circumstances, in public interest. In such cases, the appropriate authority is expected to demonstrate visible meticulousness as such government servants have been found effective on earlier occasion for retention in service,” state the August 28 office memorandum.

“This makes it clear that being okayed for retention at 50/55 years, does not give a Central government employee immunity from further review of his performance to decide on his continuation or premature retirement, for the remaining five/ten years of his service.

The officer added that the latest DoPT office memorandum on premature retirement was not different from the procedures and practices already being followed, but only sought to consolidate the guidelines and instructions issued from time to time on the subject, in one single place, apart from offering better clarity to the existing instructions to enable uniform implementation.

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