View Full Version : Premature retirement

08-08-2011, 03:17 PM
I am a Group A officer of GOVT OF INDIA. I have completed 49 years of age as on 29-7-2011.
I have joined in service on 23-12-1985 and I have completed 25 years service as on 23-12-2010.
Since I am suffering from ear related disease from February 2005, I had applied for VRS on this ground in January 2009 and and afterwards I had withdrawn VRS before expiry of 3 months notice period. Based on withdrawal of VRS, I was refered to medical board and I am continuing my service from April 2009. In February 2011, my disease got aggravated again and I am on EOL on medical grounds since 3-2-2011. I have been granted EOL from 3-2-2011 by applying for different spell of extensions for EOL. When I applied for further extension of EOL upto 5-8-2011, my boss is asking me to tell a cut off date for asking extension so that he will not approve further extension of EOL.
Now my doubt is

If I am on continuous leave EOL will I be refered to medical board.

1) If I am refered to medical board again, and becomes unfit for duty, can I apply for further extension of EOL so that I can join for duty when I become fit.

2) Or will I be given notice for premature retirement on public interest for effecting retirement after completing 50 years age as per FR56k rule.

3) If I can take further extension of EOL on medical grounds , how long I can take EOL continuously. ( I understand as per CCS rules it is upto 5 years)
Please help me to clarify the above doubts.

08-08-2011, 08:15 PM
All three possibilities shall be expected from management depending upon how they think. If your case is referred to medical board and the board feels you are unfit to continue, they may direct you to take premature retirement. They may place you in a super numorary post also.

Availing and sanctioning of EOL depends upon the merit of your case.

Think over and take a decision which you feel fit.

Prasanna Kumar

09-08-2011, 10:57 AM

If I am referred to medical board, they can put me as unfit only when they record their findings as 100% disable. Am I correct? But actually I am not having any disability. After getting treatment for some time I will become fit. For this I require some days leave. Even with 64% disability an employee is allowed to continue in service as in the attached case below. Earlier when I applied for VRS medical board did not find any disability in me for the same disease and allowed me to continue in service. During the earlier medical board, doctors certified that my disease require periodic treatment and they did not indicate that I have any disability.

In this situation will they ask for premature retirement, which means that I have to apply for VRS again after completing 50 years or not? Also what is the meaning of Supernumary post?

Thanks in advance.


Central Administrative Tribunal - Chandigarh
Rajinder Kumar Sharma vs Union Of India (Uoi) And Ors. on 5 July, 2004
Equivalent citations: 2005 (1) SLJ 230 CAT
Bench: O G Vice, M A L.M.
O.P. Garg, J. (Vice Chairman)
1. On 30.4.1993, the applicant, Shri Rajinder Kumar Sharma who was Assistant Audit Officer in the office of
Accountant General (Audit), Shimla met with an accident on Scooter with a Bus of Himachal Pradesh
Roadways Transport Corporation and was seriously injured. He was admitted in Indira Gandhi Medical
College Hospital, Shimla from where he was discharged on 8.9.1993 (Annexure A-5J. A disability certificate
dated 25.9.1997 (Annexure A-6) was issued indicating that there has been permanent loss of functions in
relation to right half of the body and the disability reckoned was to the extent of 64%. He had come under the
category of Handicapped persons.' He had remained intermittently on leave. By order dated 21.7.1999
(Annexure A-7) he was virtually forced to proceed on further leave and was not allowed to join as the report
of the Medical Board dated 18.6.1999 (Annexure R-4) was to the following effect:
"On examination Shri Rajinder Kumar has cognitive deficits in the form of deficits in the form of difficulty in
comprehension mainly for written commands and was unable to reply to the simple questions on verbal as
well as written testing. He w...............................

12. In the result, the O.A. succeeds and is allowed. The impugned order dated 10.12.2002 (Annexure A-1) is
hereby quashed. The applicant is held entitled to the protection of the provisions of Section 47 of the
Disabilities Act, 1995. The applicant shall be treated to be in service throughout unmindful of the order of his
premature retirement (Annexure A-1), with all consequential benefits. The respondents shall detail the
Rajinder Kumar Sharma vs Union Of India (Uoi) And Ors. on 5 July, 2004
Indian Kanoon - http://indiankanoon.org/doc/1024456/ 5
applicant on a post which may be commensurate to his health and physique. The arrears of pay and
allowances shall be released to the applicant within a period of four months from the date of production of a
copy of this order before the Competent Authority. No order as to costs.