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The Centre has initiated review of Under Secretary level officers belonging to Central Civil Services who are more than 50 years old under pre-mature retirement rules.
According to an office memorandum issued by Department of Personnel & Training (DoP&T), this is part of periodical review of performance of Government servants with a view to ascertain whether he/she should be retained in service or retired in public interest.
It has sought inputs for review under FR 56(J) and Rule 48 of CSS (Pension) Rules 1972 in DoP&T in respect of Under Secretary level officer of CSS of Ministries/ Departments, who have crossed the age of 50 years on July 1, 2021.
In the recent past, the Centre retired many of the tax officials among others pre-maturely under these rules.
Rules
According to Fundamental Rules (FR) 56(J), “the Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any government servant by giving notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice.”
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This rule will be applicable for government servants in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity. If the said person joined government service before the age of 35 years, then review will be done and action initiated after he/she attained the age of 50 years. For others, it will be 55 years.
Rule 48 of CCS (Pension) Rules, 1972 prescribes: “At any time after a government servant has completed thirty years’ qualifying service, he may be required by the Appointing Authority to retire in the public interest.” Such government servant will be entitled to a retiring pension, provided he/she is given three months’ notice or three months’ pay and allowances in lieu of such notice. It means in case if immediate dismissal, such person will not be eligible for pension as happened in some of the tax official cases.
Review is done by two members committee headed by Secretary in case of Group A officers. For Group B (Gazetted) officers and non-gazetted employees, the committees will be headed by Additional Secretary/Joint Secretary and Joint Secretary/ Director/ Deputy Director respectively.
Criteria
According to DoP&T, there are five broad criteria need to be followed by the Review Committee while making its recommendations. First, Government servants whose integrity is doubtful, shall be retired. Second, Government servants found to be ineffective shall also be retired. Third, the review should not be confined to the consideration of the ACR (Annual Confidential Report)/APAR (Annual Performance Assessment Report) dossier but should also include the personal file along with looking into files dealt with by him or in any papers or reports prepared and submitted by him.
Fourth criterion is that there will be no pre- mature retirement ordinarily on the ground of ineffectiveness, if remaining job period is less than one year. Finally, if service during preceding five years has been satisfactory, then no pre mature retirement should be considered.
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