REMOVAL UNDER FR56(J)

Dated On: 11 FEB 2021

As per the information/ data provided by different Ministries/ Departments/ Cadre Controlling Authorities(CCAs), provisions of FR 56(J)/ similar Rules have been invoked against 171 Group-A Central Government officers, including All India Services(AIS) officers, and 169 Group-B officers of different Ministries/ Departments during the period from July 2014 to December 2020.

As on 01.03.2018, the sanctioned strength of civilian regular employees under the Central Government is 3802779 and 3118956 employees are in position. Vacancies in the Central Government are caused due to retirement, resignation, death, promotion, etc and the posts falling vacant are required to be filled as per the Recruitment Rules by the concerned Ministries/ Departments/Organizations. Filling up of vacant posts is a continuous process depending on the vacancies arising across Ministries/ Departments during the year, and the action calendar of the recruiting agencies.

Department of Personnel &Training issues instructions from time to time for timely and advance action for filling up the vacant posts.  In January 2020, all the Ministries/ Departments of the Central Government have been requested to take time-bound action to fill the existing vacancies in respective Ministries/ Departments and their attached/ subordinate offices.

This was stated by Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question in the Rajya Sabha today.

Source: PIB

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OFFICE OF CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR MARG, PALAM, DELHI CANTT. -110010

No.AN/II/2604/F R-56(j)/Q.E 03/2020

Date:01.06.2020

To
All PCsDA/PCA (Fy)/CsDA/AN-4 Section (local)
(Through CGDA website)

Subject: Retention in Govt. Service beyond the age of 50 years or on completion of 30 years of service- Sr.AOQs/ AOs/AD(OL)/ Sr.PS under FR-56(j)

In terms of Para 4, Appendix of DOP&T O.M. No. 25013/1/2013-Estt. (A) dated 21.03.2014 (copy enclosed), in order to ensure that the powers vested in the appropriate authority are exercised fairly and impartially and not arbitrarily, following procedure and guidelines have been prescribed for reviewing the cases of government employees covered under the aforesaid rules:

(1) The cases of Govt. Servants covered by FR 56(j) or FR 56 (I) or Rule 48 (1)(b) of CCS (Pension) Rules should be reviewed six months before they attained the age of 50/55 years or complete 30 years’ service/30 years of qualifying service, whichever occurs earlier.

(ii) Committee shall be constituted in each Ministry/ Department/ Office to which all such cases shall be referred for recommendation as to whether the officer concerned should be retained in service or retired from service in the public interest.

Also check: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors – OM No. 18/2/2007- CS-I dated 20.05.2014 – Writ Petitions filed in the matter

2. In this connection, please refer to HQrs Office letter No. AN/II/02604/99 dated 13.09.1999 vide which all controllers were requested to review all cases covered under FR 56(j) at least 6 months in advance.

3. However, it has been observed that some of the controllers are not adhering the time line as stipulated in the aforesaid orders. It is found that review under FR 56(j) in respect of some SAOs/AQOs who attaining the age of 50 years between January, 2020 to June, 2020 has not been carried out by the controller’s office.

4. It is therefore, requested to adhere strictly the time line mentioned in the aforesaid DOP&T orders and review all such cases at the earliest. Reviewed cases may be forwarded to HQrs office. If already forwarded, the same may be ignored.

(Amit Gupta)
Sr. Dy.CGDA (AN)

Source: CGDA

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DoPT Order: Alteration of date of birth of a Government Servant — reiteration of the instructions.

F.No.19017/1/2014-Estt (A-IV)
Government of India
Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated : 16th December, 2014

OFFICE MEMORANDUM

Subject : Alteration of date of birth of a Government Servant — reiteration of the instructions.

Rule 56 of Fundamental Rules states that except as otherwise provided in the rule, every Government servant will retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.

Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.

2. As per Note 6 below the aforesaid Rule, the date of on which a Government servant attains the age of fifty-eight years or sixty years, as the case may be, shall be determined with reference to the date of birth declared by the Government servant at the time of appointment and accepted by the Appropriate Authority on production, as far as possible, of confirmatory documentary evidence such as High School or Higher Secondary or Secondary School Certificate or extracts from Birth Register. The date of birth so declared by the Government servant and accepted by the Appropriate Authority shall not be subject to any alteration except as specified in this note. An alteration of date of birth of a Government servant can be made, with the sanction of a Ministry or Department of the Central Government, or the Comptroller and Auditor-General in regard to persons serving in the Indian Audit and Accounts Department, or an Administrator of a Union Territory under which the Government servant is serving, if —

(a) a request in this regard is made within five years of his entry into Government service;

(b) it is clearly established that a genuine bona fide mistake has occurred; and

(c) the date of birth so altered would not make him ineligible to appear in any School or University of Union Public Service Commission examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date on which he entered Government service.

3. The Supreme Court of India in Civil Appeal No.502 of 1993 — Union of India Vs. Harnam Singh — Judgement dated 9th February, 1993 had observed that : “Inordinate and unexplained delay or laches on the part of the respondent to seek the necessary correction would in any case have justified the refusal of relief to him. His inaction for all this period of about thirty five years from the date of joining service, therefore precludes him from showing that the entry of his date of birth in service record was not correct”.

The observations of the Apex Court was also circulated to all Ministries and Departments of the Government of India vide OM No.19017/2/92-Estt.(A) dated 19-5-1993.

4. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for changes of date of birth.

5. Hindi version follows.

sd/-
(B.Bandyopadhyay)
Under Secretary to the Government of India

Source: www.persmin.nic.in [http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/19017_1_2014-Estt.A-IV-16122014.pdf]

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending

Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]
MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

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