Find the factors lead to Compulsory Retirement as per rules of FR 56 and CCS Pension, Which employees of Government indicated for Compulsory Retirement and What are the rules and review types applicable for them?
FR 56 Rules
The appropriate authority has the absolute right to retire under Compulsory Retirement, If is necessary to do so in public Interest for the officers of Group A and B cadre who entered into the service before 35 years of age and have attained 50 years of age, where in other cases on attaining 55 years of age with applicability of Pension Rule 48.
The Financial Rule 56(I) says that, a Government Servant in Group C post not governed by any Pension Rules, can also retire under Compulsory Retirement, after he has completed 30 years of service with applicability of Pension Rule 48.
Pension Rule 48(1)(b) of CCS Pension Rules 1972
The rule says that, all the Government servants who covered by Central Civil Service (CCS) Pension Rules, 1972 and completed 30 years of qualifying service are applicable for Rule 48(1)(B) for Compulsory Retirement.
Under FR 56 (J) & (I) and for Pension Rule 48, the officers / employees were served with a notice of not less than 3 months in writing or three months pay and allowance in lieu of such notice for Compulsory Retirement.
Compulsory Retirement Review
In the cases of Government Servant covered by FR 56(J), 56(I) or Rule 48(1) (B) of CCS (Pension) Rules 1972, should be reviewed six months before he/she attains the age of 50/55 years.
In cases covered by FR56(J) and on completion of 30 years of qualifying service under FR 56(I) Rule 48 of CCS (Pension) Rules 1972, the following is the time schedule for review on Compulsory Retirement.
|Quarter in which review is to be made||Cases of employee who will be attaining the age of 50/55 or will be completing 30 years of service or 30yrs of service qualifying for pension|
|January to March||July to September of 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|
Various Factors lead to Compulsory Retirement
- Government Employees whose integrity is doubtful, will be retired
- The Government servants who found as ineffective will also be retired, where the basic consideration in identifying such employee should be the fitness/competence of the employee to continue in the post which he/she is holding.
For point 2, the employee should retire under compulsory retirement after various reviews as per the rules, but not for the ground of doubtful integrity, If the damage to public interest could be marginal if the employee in last of service is found ineffective, but the damage may be incalculable if he is found corrupt and demands or obtains illegal gratification during said period of tasks he is duty bound to perform.