Indian Railway Codes and Manuals-Establishment code- Vol-II-Chapter-18 (XVIII)
CHAPTER 18
RETIREMENT
1801. (F.R. 56).--(a) Except as otherwise provided
in this Rule, or any other Rule or order for the time being in force, every
Railway servant shall retire from service on the afternoon of the last day of
the month in which he attains the age of sixty years:
Provided
that a Railway servant whose date of birth is the first of a month shall retire
from service on the afternoon of the last day of the preceding month on
attaining the age of sixty years.
“Provided
further that a Government servant who has attained the age of fifty eight years
on or before the first day of May, 1998 and is on extension in service, shall
retire from service on expiry of his extended period of service.”
NOTE.--The
date on which a Railway servant attains the age of sixty years, shall be
determined with reference to the date of birth as recorded in terms of Rule
225-R.I, read with administrative instructions there under.
(b)
No Railway servant shall be granted extension in service beyond the age or
retirement of 60 years.
(c)
Notwithstanding anything contained in these rules, or any other rule or order
for the time being inforce, the competent authority may require a railway
servant under suspension to continue in service beyond the date of his
retirement in which case he shall not be permitted by that authority to retire
from service and shall be retained in service till such time as require by that
authority.
(Authority:-
Railway Board's letter No.E(P&A)I/98/RT-6 dated 14.05.98 , 22.7.98 &
31`.8.98)
(d)
In the absence of specific orders to the contrary, every Railway servant shall
demit service on the due date of superannuation. In case, for
whatever reason other than specific orders to that effect, a Railway servant
continues in service, beyond such due date, the period of over-stay shall be
treated as irregular and the pay/allowance etc. drawn during the said period
shall be recovered.
(Authority:-
Railway Board's letter No.E(G)97/RT1/1 dated 7.7.99)
Railway
Board’s orders
Rule
1801 has been made permissive to enable the competent authorities to come to a
decision in each case, depending upon the merits, as to whether a railway
servant under suspension should be retained in service or retired on attaining
the age of superannuation. As there are differences in the
Government’s hold over the retirement benefits of retired employees under the
Pension Scheme and the Provident Fund Scheme, the decision regarding the
retention in service beyond the age of superannuation or not will have to be
mainly based on the scheme of retirement benefits by which the Railway servant
is governed.
The
Railway Board have decided that Railway servants governed by the Pension rules
must be retired on the due date of superannuation even if they remain on
suspension on that date and the enquires into the charge are still in progress,
as the extant orders provide for the continuance of and initiation of
proceedings against even retired railway servants under certain conditions.
In
the case of non-pensionable railway servants the competent authority will have
to take a specific decision in each case, on merits, whether or not to continue
in service beyond the date of superannuation, railway servants under
suspension. In arriving at a decision, the considerations indicated
below shall be kept in view. Only in those cases, where the prospect
of a dismissal is nearly certain with the attendant possibility of denying the
employee Government’s contribution to Provident Fund, need a railway servant
under suspension be retained in service beyond the date of
superannuation. In other cases, where dismissals are not likely to
result, the railway servants concerned shall be retired on the date of attaining
superannuation, subject to withholding of special contribution to Provident
Fund and also postponement of settlement of Government contribution Provident
Fund in terms of Provident Fund Rules, unless there is need for making an
exception in any particular case. Departmental proceedings in such
cases shall nevertheless be continued and processed to finality expeditiously
so that the liabilities established in such proceedings can be adjusted against
the Government contribution to Provident Fund held back. While
deciding to make exceptions in individual cases for retaining the railway
servants beyond the date of superannuation, due regard will have to be paid to
the considerations that such employees will have to be paid subsistence
allowance during the period of suspension and full pay and allowances to which
they would become entitled in the even of their being completely exonerated of
the charges against them, and that deductions can be made from the Government
contribution to Provident Fund only in terms of Provident Funds Rules.
1802. (a) Notwithstanding anything contained in this
Rule, the appointing authority shall if is of the opinion that it is in the
public interest to do so, 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 ‘B’ service or post in a substantive 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.
(Authority:- Railway Board's letter No.
E(P&A)I-88/JCM/NC-2 dated 6.7.89)
(b) (1) Any railway servant
may by giving notice of not less than three months in writing to the
appropriate authority, retire from service after he has attained the age of
fifty years if he is in Group ‘A’ or Group ‘B’ service or post (and had entered
Government service before attaining the age of 35 years) and in all other cases
after he has attained the age of 55 years:
Provided
that it shall be open to the appropriate authority to withhold permission to a
railway servant under suspension who seeks to retire under this clause.
(2)
A railway servant, referred to in sub-rule (1) may make a request in writing to
the appointing authority to accept a notice of less than three
months, giving reasons therefore. On receipt of a request under this
sub-rule, the appointing authority may consider such request
for curtailment of the period of notice of three months on merits and, if it is
satisfied that the curtailment of the period of notice will not cause any
administrative inconvenience, the appointing authority may relax the
requirement of notice of three months, on the condition that the railway
servant shall not apply for commutation of a part of his pension before the
expiry of the period of notice of three months.
1803. (a) Notwithstanding anything contained
in these rules, or any other rule or order for the time being in force, the
appointing authority shall, if it is of the opinion that it is in public
interest to do so, have the absolute right to retire a railway servant
governed by any Pension Rules after he has completed thirty years
service qualifying for pension after giving a notice in writing in this behalf
to the railway servant at least three months before the date on which he is
required to retire, or three months pay and allowances in lieu of such notice.
(b)
(1) A railway servant who is governed by any of the pension rules, may retire
from service at any time after completion of 30 years of service qualifying for
pension, after giving notice in writing to the appropriate authority, at least
three months before the intended date of retirement:
Provided
that it shall be open to the appropriate authority to withhold permission to a
railway servant under suspension, who seeks to retire under this clause.
(b)
(2) A railway servant, referred to in Sub-rule (b) (1) may make a request in
writing to the appointing authority to accept a notice of less than three
months, giving reasons therefore. On receipt of a request under this
sub-rule, the appointing authority may consider such request for curtailment of
the period of notice on merits and if it is satisfied that the curtailment of
the period of notice will not cause any administrative inconvenience, the
appointing authority may relax the requirement of notice of three months, on
the condition that the railway servant shall not apply for commutation of a
part of his pension before the expiry of the period of notice of three months.
(Authority:-
Railway Board's letter No.E(P&A)I-92/RT-5 dated 13.7.92)
NOTE.--Both
in the cases falling under Rule 1803 (a) and (b) (1) orders permitting
/requiring a railway servant to retire after completing 30 years qualifying
service should, as a rule, not be issued until/after the fact, that the railway
servant has indeed completed the qualifying service of thirty years,
has been verified in consultation with the Accounts Officer.
1804. --(a) Notwithstanding anything contained in
clause (a), of rule 1802, the appointing authority shall, if it is of the
opinion that it is in public interest to do so, have the absolute right to
retire a railway 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.
(b)
A railway servant in Group ‘C’ service or post who is not governed by any
Pension Rules, may by giving notice of not less than 3 months in writing to the
appointing authority, retire from service after he has completed thirty years
service.
1805. (1) If on a review of the case referred to in
Rule 1802 (a), 1803 (a) and 1804 (a), either on representation from the railway
servant retired prematurely or otherwise, it is decided to reinstate the
railway servant in service, the authority ordering reinstatement may regulate
the intervening period between the date of premature retirement and the date of
reinstatement as duty or as leave of the kind due and admissible, including
extra-ordinary leave, or by treating it as diesnon depending upon the facts and
circumstances of the case:
Provided
that the intervening period shall be treated as a period spent on duty for all
purposes including pay and allowances, if it is specifically held by the
authority ordering reinstatement that the premature retirement was itself not
justified in the circumstances of the case, or if the order of premature
retirement is set aside by a Court of law.
(2)
Where the order of premature retirement is set aside by a Court of law with
specific directions in regard to regulation of the period between the date of
premature retirement and the date of reinstatement and no further appeal is
proposed to be filed, the aforesaid period shall be regulated in accordance
with the directions of the Court.
NOTE
(1).--Appropriate authority, referred to in these Rules, means the authority
which has the power to make substantive appointments to the post or service
from which the railway servant is required or wants to retire.
NOTE
(2).--‘Appointing Authority’ means the authority competent to make the first
appointment to the grade which the railway servant for the time being holds.
NOTE
(3).--The 3 months notice referred to in these rules may be given before the
railway servant attains the age specified in Clauses (a) and (b) of Rule 1802
or has completed thirty years of service specified in Clause (a) and (b) (1) of
Rule 1803 or has completed thirty years of service specified in clauses (a) and
(b) of Rule 1804:
Provided
that the retirement takes place after he has attained the relevant age or has
completed 30 years service as the case may be.
NOTE (4).--In computing the
notice period of three months referred to in Rules 1802 to 1804, date of
service of the notice and the date of its expiry shall be excluded.
NOTE (5).--A
railway servant who has served a notice of retirement under Rule 1802 (b) or
Rule 1803 (b) (1) or Rule 1804(b), as the case may be, shall be precluded from
withdrawing his election subsequently, except with the specific approval of
such authority:
Provided
that the request for withdrawal shall be within the intended date of his
retirement.
GOVERNMENT
OF INDIA’S ORDERS
(1). No
specific orders are necessary for retirement on due date:-- A question has been
raised whether the retirement of a Government servant is automatic on the date
on which he attains the age of compulsory retirement or some specific orders by
a competent authority are necessary specifying the date on which they should
retire.
The
rules regulating the age of superannuation or the terms and conditions may
provide for the compulsory retirement of a Government servant on his attaining
a specific age or after completion of a specified period of service. In all
such cases retirement is automatic and in the absence of specific orders to the
contrary by the competent authority, a Government servant must retire on the
due date. It is the responsibility of the administrative authorities
concerned to ensure that the Government servant under their control so
retire. The date of compulsory retirement of a Government servant is
known in advance and there should be no question of failure to make
arrangements for his relief sufficiently in advance and complete any
formalities required in that behalf. For this purpose, the
authorities concerned should maintain a proper record of the date of retirement
of the Government servants working under them and take such appropriate action
as may be necessary for their retirement on the due dates.
At
the same time, a Government servant cannot take advantage of the non-receipt of
formal orders regarding his relief, etc., to say that he has been granted an
extension of service. If the Government servant desires to take any
leave preparatory to retirement he will naturally apply for it in good
time. If not, he should bring the fact that he is attaining the age
of superannuation or completing the period of service after which he has to
retire, to the notice of the head of the office in which he is serving or if he
is himself the head of the office, to that of his immediate
superior. Unless he receives specific orders that he should continue
in service, he should make over charge on the due date to the head of the office
(or such officer as may be nominated by the latter), or if he is himself the
head of the office to the next senior most officer in the office who would
normally be placed in charge of the office in his absence.
(Govt.
of India, Min. of Home Affairs, O.M. No.33/6/56-Ests.(A), dated the 10th December,
1965.)
(2)
Relinquishment of charge on a holiday:-- A question has been raised regarding
the procedure to be followed for relinquishment of charge of office in the case
of a retiring Government servant when the day on which he is due to retire
happens to be a closed holiday. Since a Government servant shall
retire from service with effect from the afternoon of the last day of the month
in which his/her date of retirement falls, the retiring Government servant
should formally relinquish charge of office on the afternoon of that day itself
even if it happens to be a closed holiday.
(ii)
In cases in which handing over of cash, stores, etc., is involved, these may be
made over by the retiring officer (to the relieving officer or, in the absence
of the relieving officer, to the next senior officer of the Department present)
on the close of the previous working day on the analogy of Government of
India’s Decision (3) below Rule 78 of the General Financial Rules. Therefore,
the actual relinquishment of charge of office shall be made in the prescribed
form on the last day of service for which the physical presence of the officer
in the office need not be insisted upon.
(Govt. of India, Min. of
Finance O.M. No. 19050/8/76-E.IV(B), dated the 21st February,
1977.)
(3)
Withholding of permission to retire when placed under suspension after receipt
of notice.--Attention is invited to proviso (b) to clause (k) (1) of Rule 56 of
the Fundamental Rules embodied in the Notification No.
25013/25/83-Estt.(A),dated the 25th February, 1984, wherein it
is provided that it shall be open to the appropriate authority to withhold
permission to a Government servant under suspension who seeks to retire
thereunder. A question has been raised whether the right conferred
on the appropriate authority under this proviso can be exercised by that
authority in respect of a Government servant who is placed under suspension
after he has given the notice of retirement. The question has been considered
carefully and it is clarified that the right conferred on the appropriate
authority under the above proviso can be exercised by that authority
even if a Government servant is placed under suspension after giving the notice
for retirement, but such right shall be exercised by the said authority before
the expiry of the period of notice given by a Government servant.
(Govt. of India., Min.of
Home Affairs., (Deptt. Of Personnel & AR), O.M. No. 25013/31/83-Estt. (A),
dated the 30th March, 1984.)
AUDIT
INSTRUCTIONS
Clause
(a) of F.R.56 (corresponding to clause (a) of Rule 1801 of this Chapter) apply
to all Government servants to whom the Fundamental Rules as a whole apply,
whether they be holding temporary or permanent posts substantively or in an
officiating capacity. When a Government servant holding a permanent post
substantively is officiating in another post, Fundamental Rule 56 (a)
(corresponding to rule 1801 (a)) should be applied according to the character
of the post in which he is officiating and not according to the character of
the permanent post held substantively by him.
Multiple
choice questions:
1.
At what age is a Railway servant generally required to retire from service?
a)
55 years
b) 58 years
c) 60 years
d) 65 years
Answer:
c) 60 years
2.
If a Railway servant's date of birth is the first of a month, when will they
retire from service?
a)
The last day of the same month
b) The last day of the preceding month
c) The first day of the following month
d) The same day they turn 60 years
Answer:
b) The last day of the preceding month
3.
Can a Railway servant be granted an extension in service beyond the age of 60
years?
a)
Yes, if approved by the competent authority
b) No, under no circumstances
c) Yes, but only for a maximum of one year
d) Yes, if the Railway servant has not used all their leave
Answer:
b) No, under no circumstances
4.
Under what condition may a Railway servant under suspension be retained in
service beyond the date of retirement?
a)
If they request an extension
b) If the competent authority requires them to do so
c) If they have not completed 30 years of service
d) If they have accumulated leave
Answer:
b) If the competent authority requires them to do so
5.
What is the consequence if a Railway servant continues in service beyond the
due date of superannuation without specific orders?
a)
The period of overstay is considered regular
b) The overstay is treated as irregular, and pay/allowances drawn during that
period shall be recovered
c) The Railway servant automatically gets an extension
d) The period is considered as additional service and counted towards pension
Answer:
b) The overstay is treated as irregular, and pay/allowances drawn during that
period shall be recovered
6.
What decision has the Railway Board taken for Railway servants governed by
Pension rules who are under suspension at the time of superannuation?
a)
They should be retained in service
b) They must retire on the due date of superannuation
c) They should be given an option to extend service
d) Their retirement date should be postponed
Answer:
b) They must retire on the due date of superannuation
7.
What consideration should be given when deciding whether to retain a
non-pensionable Railway servant under suspension beyond superannuation?
a)
The likelihood of dismissal and possibility of denying Government's
contribution to Provident Fund
b) The Railway servant's personal request
c) The amount of leave the Railway servant has
d) The Railway servant's health condition
Answer:
a) The likelihood of dismissal and possibility of denying Government's
contribution to Provident Fund
8.
When can a Government servant in Group ‘A’ or Group ‘B’ be compulsorily retired
by the appointing authority?
a)
After attaining the age of 50 years, if they entered service before 35 years of
age
b) After attaining the age of 55 years, if they entered service after 35 years
of age
c) Both a) and b)
d) None of the above
Answer:
c) Both a) and b)
9.
How much notice must a Railway servant give if they wish to retire after attaining
the age of 50 or 55 years, depending on their Group?
a)
One month
b) Two months
c) Three months
d) Six months
Answer:
c) Three months
10.
What is required from the appointing authority before issuing an order
permitting or requiring a Railway servant to retire after completing 30 years
of qualifying service?
a)
Approval from the Railway Board
b) A recommendation from the supervisor
c) Verification in consultation with the Accounts Officer that the Railway
servant has indeed completed 30 years of qualifying service
d) The Railway servant's written consent
Answer:
c) Verification in consultation with the Accounts Officer that the Railway
servant has indeed completed 30 years of qualifying service
11.
If a Railway servant is reinstated after premature retirement, how can the
intervening period be regulated?
a)
As duty or leave of the kind due and admissible
b) As extraordinary leave
c) As dies non
d) All of the above, depending on the facts and circumstances
Answer:
d) All of the above, depending on the facts and circumstances
12.
Under what condition will the intervening period between premature retirement
and reinstatement be treated as a period spent on duty?
a)
If the Railway servant requests it
b) If the reinstating authority specifically holds that the premature
retirement was not justified
c) If the Railway servant has a clean service record
d) If the Railway servant's seniority is maintained
Answer:
b) If the reinstating authority specifically holds that the premature
retirement was not justified
13.
How should the period between premature retirement and reinstatement be
regulated if the order of premature retirement is set aside by a Court of law?
a)
As leave without pay
b) In accordance with the directions of the Court
c) As extraordinary leave
d) As per the decision of the Railway servant
Answer:
b) In accordance with the directions of the Court
14.
What does 'Appropriate authority' refer to in these rules?
a)
The authority that is responsible for managing payroll
b) The authority that has the power to make substantive appointments to the
post or service
c) The immediate supervisor of the Railway servant
d) The Railway Board
Answer:
b) The authority that has the power to make substantive appointments to the
post or service
15.
What is required from a Railway servant who has given a notice of retirement if
they wish to withdraw it?
a)
They can withdraw the notice anytime before retirement
b) They must get specific approval from the competent authority
c) They must provide three months' additional notice
d) They cannot withdraw the notice under any circumstances
Answer:
b) They must get specific approval from the competent authority
16.
Is specific permission required for a Railway servant to retire on the due date
of superannuation?
a)
Yes, always
b) No, retirement is automatic unless specific orders state otherwise
c) Yes, but only if they hold a senior position
d) No, only if they are on leave
Answer:
b) No, retirement is automatic unless specific orders state otherwise
17.
What is the responsibility of the administrative authorities regarding the
retirement of a Railway servant?
a)
To notify the Railway servant two months in advance
b) To ensure that the Railway servant retires on the due date
c) To process the pension papers
d) To provide alternative employment post-retirement
Answer:
b) To ensure that the Railway servant retires on the due date
18.
What should a Railway servant do if their retirement date falls on a closed
holiday?
a)
Report to work the next day
b) Formally relinquish charge of office on the afternoon of the retirement date
c) Delay the retirement until the next working day
d) Inform the authorities of the holiday and continue in service
Answer:
b) Formally relinquish charge of office on the afternoon of the retirement date
19.
What is the correct procedure for relinquishment of charge when handing over
cash or stores is involved, and the retirement date falls on a holiday?
a)
Hand over the cash or stores on the previous working day
b) Hand over the cash or stores on the day of retirement regardless of the
holiday
c) Leave the cash or stores with a colleague
d) Delay the handover until the next working day
Answer:
a) Hand over the cash or stores on the previous working day
20.
Can the appropriate authority withhold permission to retire for a Railway
servant placed under suspension after giving notice of retirement?
a)
Yes, but only after the period of notice has expired
b) Yes, but only before the expiry of the period of notice
c) No, once the notice is given, the Railway servant must retire
d) No, unless the Railway servant requests an extension
Answer:
b) Yes, but only before the expiry of the period of notice
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