Compulsory Retirement as per Fundamental Rule of CCS Rules

Compulsory Retirement and pending Pension cases

Compulsory Retirement of Central Government employees/servants as per Fundamental Rule (FR) 56(j)/(i) and Rule 48 of CCS (Pension) Rules 1972, it is necessary to do in public interest.

The Principal Secretary, SED , West Bengal requested to submit the list of pending pension case Report in office.

Compulsory Retirement as per Fundamental Rule of CCS (Pension) Rules

Office Memorandum

No. 25013/03/2019-Estt.A-IV Date: 28.08.2020

Periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 56(j)/(i) and Rule 48 of CCS (Pension) Rules, 1972

Instruction 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) 56(j)/(i) 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 Fundamental Rule (FR) and CCS (Pension) Rules, 1972.

3.1 The Appropriate Authority has the absolute right to retire a Government servant under FR(j), FR(i) or Rule 48(1) (b) of CCS (Pension) Rules, 1972 as the case may be, if it is necessary to do in public interest.

3.2  FR 56(j): 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/she is, in Group-A or Group-B 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/she has attained the age of 55 years.

3.3 FR 56(i): Notwithstanding anything contained in clause (j), the Appropriate Authority shall, if it is of the option 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 (30) 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.

Retirement on Complete of 30 years' qualifying service

(i) At any time after a Government servant has completed thirty (30) years' qualifying service

(a) he/she may retire from service, or

(b) he/she 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:

Provide that-

(a) a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and

(b) the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he /she is required to retire in the public interest or three months' pay and allowances in lieu of such notice: 

Quarter in which review is to be made	Cases of Government (সরকারী) servants, in the quarter indicated below to be reviewed
January to March	July to September of the same year
April to June	October to December of the same year
July to September	January to March of the next year
October to December	April to June of the next year

............................

Submission of pending pension cases

Submission of pending pension cases, the Principal Secretary, SED, West Bengal requested to submit the list of pending pension case Report in office.

Submission of pending pension cases Report as per format enclosed herewith

The Commissioner, School Education, West Bengal 

Memo No. 299/SC/APT  Date: Kolkata the 27th. February, 2019

With reference to the subject mentioned above the undersigned is directed by the Principal Secretary, School Education Department, West Bengal to request him/ her to submit the list of pending pension case Report in his/her office as per format enclosed herewith by 5th March, 2019 without fail. He/ She is further requested to submit a declaration Certificate that there is no pension case pending at their end except............. number of submitted pension cases as per stipulated format.