The instructions have been issued from central government of India to review the performance of government employees who have completed 30 years in service. According to the order, center will review to observe whether the government employee should be retained in service or retired from service prematurely, in public interest. The review will be carried out to find out inefficient and corrupt employees. So the compulsory retirement of govt employees should take place under these following the fundamental provision/Rule.
The service of the employees will be reviewed under Fundamental Rule (FR) 56(j) and Fundamental Rule (FR) 56(l) with Rule 48 (1) (b) of Central Civil Service ( CCS ) Pension Rules, 1972. According to this rule, “the appropriate posting authority has the power to compulsory retire any government servant as the case may be, if necessary in public interest”.
The appropriate government authority has the absolute power to retire any government employee giving a notice at least before 3 months in writing. Otherwise the government has to give pay and allowance along with such compulsory retirement notice.
In case of Group-A or Group-B service which are temporary or likely to a permanent post and had entered to the government service before attaining 35 years of age will be retired forcefully attaining the age of 50 years.
In any other case the compulsory retirement Rules will be used after attaining the age of 55 years.
According to FR 56 (l), the appropriate authority has the prior right to retire Government servant under Group C service who is not governed by any pension schemes. After attaining the age of 30 years of service with proper notice in writing before 3 months or have to give him pay and allowances of three months with such retirement notice.
Rule 48 (1) (b) Of CSS (Pension) Rules, 1972 suggests, the government servant after completing thirty years of qualifying service will be retired compulsory by the appointing authority with full retiring pension. It is necessary to give a notice before 3 months of retirement or give him full pay and allowances of that three months with the notice.
The government advised to maintain a register in which a data of government employees attaining the age of 50/55 years or 30 years of service. The register should be reviewed by senior officers every quarterly for pre-mature retirement of government servants.
The review committee prepare certain criteria which are given below
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