View Full Version : Compulsory Retirement

MN Ansari
15-05-2011, 10:02 AM
One of my friend has been awarded penalty of 'Compulsory Retirement'. He has served in central government services of 19 years. He is going for Appeal before the proper authority. Still he has a period of 25 days for doing the same. He has been asked not to come to office, orally. He has certain issues to be clarified:-

1. Should he insist for relieving order?

2. He has not been paid salary in the month when he received the order from disciplinary authority. Should he insist for his salary and pensionary benefits, or he should wait for the appelate authority to give his order?

3. Will the order given by disciplinary authority be enforceable, or it shall be enforceable after the lapse of appeal period.

15-05-2011, 11:40 AM
There is no need of issuing relieving order if Compulsory retirement is ordered. Secondly the reason for giving Compulsory Retirement should be known. Also whether charge sheet has been issued? inquiry took place or not. Whether the individul has been given opportunity to defend or hear personally if there are reasons. If there is a violation of CCS (CCA) Rules, you can appeal to the appellete authority to stay the compulsory retirement awarded by Disciplinary authority. Till the order of DA is stayed by the appellete authority you will be under Compulsory retirement. There are compulsory retirement with pension and without pension. The chances of future job in government can also be block. It all depends upon the nature of case. As regards the pending salary, that will be paid separately. Declining of salary has no link with the compulsory retirement.

Further, your statement is not clear whether he has been given compulsory retirement or asked explanation within one before awarding compulsory retirement. These things are needed for giving observation.

MN Ansari
15-05-2011, 03:57 PM
Dear Sir,

After enquiry was conducted, P.H. was held the penalty of 'Compulsory Retirement' was awarded by the Disciplinary Authority with a Preamble that one can approach the Appelete Authority within 45 days of the receipt of the order. He was orally told not to come to office. No relieving order was issued. The order is silent with regards to pensionary benefit. The swamy's Handbook suggests that all the pensionary benefits will be given to the officer. Pl. enlighten.

Thanks and Regards

15-05-2011, 04:44 PM
Dear Mr.Ansari
Since there is no denial of pension in the order, he will get pension. Also he can apply for fresh employment even in government. In case there is hope for the cancellation of compulsory retirement, you may go for appeal to the Appellete authority after consulting administrative experts with all documents in the matter. The question of relieving order does'nt arise when compulsory retirement is awarded and that order will be effective from the date of issue. In case no scope for appeal, you may write to your head of office for initiating action for payment of pending salary and pension after the appeal period.