A law of the Central Government is making government servants sleepy. Through this law, any government servants can be shown the way home after 30 years of service. Government workers are very afraid of this law. The central government has given all its ministries and departments complete leeway to use this law. The work is not good and it is necessary to house them in public interest, on the basis of this sentence, the government servants are given premature retirement.
The special thing is that no servant can even reach the court in this regard. Reason, the Supreme Court has also stamped this. For three months, a list of such personnel is being prepared in all ministries and departments, which are not working according to the capacity of the department. It is likely that many officers and employees may fall prey to this law before the new financial year. The Basic Rules and CCS (Pension) Rules, 1972 provide provisions related to premature retirement. According to the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Central Government personnel to strengthen the administration under Rule 48 of the Basic Rule (FR) 56 (j) / (l) and CCS (Pension) Rules, 1972. There is a provision for periodic review of. Under these rules, it is seen that a government servant should be kept in service or in the public interest he should be retired prematurely.
The objective of this rule is to strengthen the administrative mechanism by developing responsible and efficient administration at all levels. Efficiency, economy and speed in disposal of government functions. It has been clarified here that under these rules, giving premature retirement to government servants is not a penalty. This is different from compulsory retirement. FR 56 (J) states that the appropriate authority, if it is of opinion that it is in the public interest to do so, shall have the ultimate right to serve any Government servant on three months advance notice or to the concerned personnel. Can finish by paying three months salary and allowances. If an officer is in permanent or temporary posts in ‘A’ and ‘B’ service, he can be given retirement after thirty-five years of service.
In other cases, the worker can be sent home after the age of 55 years. According to FR 56 (l), by giving written notice to the Group ‘C’ service or Government servant of a post which is not governed by any pension rules, when he completes thirty years of service, three months in advance or such In lieu of information, he should be retired, giving three months salary and allowances.
A separate register is prepared for government servants who have crossed 50/55 years of age or have completed thirty years of service. In the months of July to September, October to December, January to March and April to June, the work of the concerned personnel is reviewed and its result is written in the registers. It is important to have a review before sending someone on retirement. In such cases the government has the right to review.
If an officer’s retirement file is ready, it can be reconsidered in the changed circumstances. The concerned authority feels that if the functioning of that officer is reviewed again in public interest, the registers are updated again. The qualities of the officer are shown in it. If an officer feels that something is going wrong with him, he can approach the representation committee.
It consists of an officer of the rank of Secretary to the Government of India nominated by the Cabinet Secretary. The second member is nominated by the Additional Secretary and the third member CCA in the Cabinet Secretariat. Apart from this, an internal committee is also formed.
In the judgment of Union of India and Colonel JN Sinha (1571 SCR) (1) 791, the Supreme Court not only recognized the validity of the original Rule 56 (j), but also held that any government servant should Under the provisions, there is no need to give any show cause notice before sending on retirement. The appropriate authority has the right to retire a government servant, if in his opinion it is in the public interest.
The veracity of that opinion cannot be challenged before the courts if that authority determines such opinion in a good manner. The aggrieved party is at liberty to claim that the required opinion has not been determined, or the decision is made on collateral basis. Is based, or is an arbitrary decision. In the last August, the Central Government had asked all the Ministries and Departments to strictly follow the instructions of this Office Memorandum. In all departments, a review register should be prepared and a list of personnel who do not work according to the capacity.