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VGNAMBIAR
17-09-2009, 12:53 PM
As per FR 56 and Rule 48 an employee has the right to retire and get pensionary benefit by giving three months notice to the appointing authority:

i) After attaining the age of 50 years:

Group A and B officers who had entered service before attaining the age of 35 years

ii) After attaining the age of 55 years:

Group A and B officers other than (i) above,
All Group C and D employees

iii) On completion of 30 years qualifying service:

All employees

Retirement becomes effective on the expiry of notice period

One of our employee appointed on compassionate ground at the age 38 years has now completed the age of 55 years (Qualifying service 17 years) and opted to retire after completion of three months notice period i.e. before completion of 20 years qualifying service.

The accounts dept. has stated that the official should complete 20 years service for getting pensionary benefits.

Any of our friends having knwoledge about this may kindly clarify whether the option for retirement by the official under Rule 56 of FR can be accepted as per ii) above, though he has not completed 20 years service and he may be paid all normal penionary benefit as per rule.

Thank you
Regards

venkatcustoms
17-09-2009, 01:15 PM
To my knowledge,

retirement benefits for the person going for voluntary retirement only after completion of 20 years of qualifying years.

Jitendraji may well explain.

Regards

VGNAMBIAR
17-09-2009, 07:15 PM
To my knowledge,

retirement benefits for the person going for voluntary retirement only after completion of 20 years of qualifying years.

Jitendraji may well explain.

Regards

Dear Shri Venkat,

As stated by you a person going for voluntary retirement should complete 20 years of qualifying service.
But the case mentioned is for option for retirement and not for voluntary retirement. As per rule the person opted for retirement under rule 56 will get retiring pension.

svsankar
18-09-2009, 12:34 AM
respected member,
I think FR 56 deals with premature retirement by review of your conduct.
One can retire and get pension only after completion of 20 years of service and it is called voluntary retirement.

jitendraacr
18-09-2009, 09:53 PM
Dear Shri Nambiar
Though I do not understand myself expert in Pension cases, I am agree with your point. I also feel that there is no point to deny pension to a Group C or D employee who has not completed 20 years of service but attained 55 years of age on date of quitting service. There is no minimum age limit prescribed for recruitment in Group C & D posts under FR 56 as given for Group A & B. He will be entitled to receive retirement pension. This case does not come under VR and thus 20 years mandatory service is not applicable on him.
Jitendra

svsankar
21-09-2009, 09:20 PM
Respected Members,
Notice for premature retirement under Rule 48 is coming under the CCS(Pension) rules and is applicable only if an employee, whatever category he may be Group A to D, has completed 30 years of qualifying service.

Under FR 56(k) an employee as quoted by Mr Nambiar has an option to retire from service by giving three months notice provided he fulfils the conditions as quoted by Mr Nambiar.

A Government servant shall be eligible for retiring pension under FR 56(k) if he has completed minimum 10 years of qualifying service read in consonance with Rule 36 of CCS(Pension) Rules. Only for voluntary retirement he has to complete 20 years of service.

tvenkatam
22-09-2009, 07:15 PM
Respected Members,
Notice for premature retirement under Rule 48 is coming under the CCS(Pension) rules and is applicable only if an employee, whatever category he may be Group A to D, has completed 30 years of qualifying service.

Under FR 56(k) an employee as quoted by Mr Nambiar has an option to retire from service by giving three months notice provided he fulfils the conditions as quoted by Mr Nambiar.

A Government servant shall be eligible for retiring pension under FR 56(k) if he has completed minimum 10 years of qualifying service read in consonance with Rule 36 of CCS(Pension) Rules. Only for voluntary retirement he has to complete 20 years of service.

Dear Friends,

The query raised by Mr. VGN still stands unanswered. The above rule position re-iterated by Mr. SVS is a fact. It is also true that pension on retirement, whether voluntary or otherwise, under the new dispensation will fall due only after 20 years of continuous service. There are contradictions in the rules. May be FR 56 will be amended with retrospective effect.

svsankar
23-09-2009, 09:00 PM
Respected Member,
The answer to Mr Nambiar's query is that the retirement can be accepted on completion of 55 years of age under Rule FR 56(k) by competent authority and the individual will be eligible for all pensionary benefits if he has completed more than 10 years of qualifying service. As regards 6th CPC order on the subject the position is explained in Para 5.3 of Ministry of Personnel, Public Grievances & Pension OM No.38/37/08-P&PW(A) dated:02-9-2008.
This can be quoted in writing to the audit authorities by Mr.Nambiar.
To assure the correctness of the above you can think on the contrary i.e., if the Government thinks that the Government servant is unfit to be retained in service under FR 56(j) will he get pension or not.

VGNAMBIAR
30-09-2009, 05:14 PM
Dear friends

The office in consultation with the Accountant General's office has now issued orders accepting the option for retirement of the employee who has completed the age of 55 years.
I thank all members for their valuable comments on this matter, particularly Mr. Jitender, Mr. Venkat and Mr. SV Sankar

Regards