Resignation Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS

FAQ in Respect of AIS II (Pension Desk)

admin — Thu, 30 Mar 2023 16:20:42 +0000

Voluntary retirement of IAS officers

FAQ of Retirement/ Resignation/ Commercial Employment: DoPT

Cases of IAS officers who completed 20 years of qualifying service or any date thereafter to be specified in the notice and not attained 50 years of age fall

Voluntary retirement of IAS officers

Sl. No.	FAQ	Remarks
1.	Voluntary retirement of IAS officers	The services division (AIS-II) of the Department is concerned with cases of voluntary retirement under Rule 16(2A) of AiS(DCRB) Rules, 1958. Cases of IAS officers who completed 20 years of qualifying service or any date thereafter to be specified in the notice and not attained 50 years of age fall under Rule 16(2A) of AIS(DCRB) Rules, 1958. Concerned State Government is the competent authority to accept voluntary retirement under Rule 16(2) of AiS(DCRB) Rules, 1958. Cases of IAS officers who have completed thirty years of qualifying service or have attained fifty years of age fall under Rule 16(2) of AIS(DCRB) Rules, 1958. Voluntary retirement of IPS and IFS is dealt by the respective cadre controlling authorities i.e. Ministry of Home Affairs and Ministry of Environment and Forests.

Sl. No.	FAQ	Remarks
2.	Permission to the IAS officers for post retirement commercial employment	Rule 26 of the Ali India Services (DCRB) Rules, 1958 regulates the post retirement commercial employment of retired AIS Officers. As per rule 26 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 a pensioner shall not accept any commercial employment before the expiry of one year from the date of his retirement, except with the previous sanction of the Central Government. Further, the previous sanction may be granted by the State Government concerned on whose cadre the member of the service is borne and who is not holding a post higher than a post in the pay scale of Rs.22400-24500/- (pre revised) and has not worked under the Central Government during the preceding three years prior to his retirement from the service. Aforesaid rule also provides that if a pensioner accepts a commercial employment without such sanction, it shall be competent for the Central Government to declare by an order in writing that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order. However, no such order shall be made without giving the pensioner concerned an Opportunity of showing cause against such declaration. For permission of the Central Government under Rule 26 of AIS (DCRB) Rules, 1958, retired AIS officer is required to apply in prescribed profarma schedule ‘L’ for taking up post retirement commercial employment. The procedure as follows is adopted in processing applications for grant of permission under Rule 26 of AiS(DCRB), Rules, 1958 to accept post retirement commercial employment:- On receipt of the request from retired IAS Officer in prescribed profarma Schedule L, comments of concerned Ministries/Departments /State Governments where the officer had served during the period of three years prior to his/her retirement, are sought. They are required to give their comments taking into consideration the factors given in Rule 26(3) of AIS(DCRB) Rules, 1958. Rule 26 (3) of AIS(DCRB) Rules, 1958 provides that in granting or refusing permission under sub-rule (1) or sub rule (2) to a pensioner for taking up any employment, the Central Government or the State Government, as the case May be, shall have the following factors, namely:- (i) whether the organisation the pensioner proposes to join has any conflict of interest or activities prejudicial to India’s foreign relations, national security and domestic harmony; and whether the organisation is undertaking any form of intelligence gathering; (ii) whether the pensioner has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organisation which he proposes to join or the areas in which he proposes to practice/consult, (iii) whether there is conflict of interest between policies of the office(s) held by the pensioner during the last three years and the interest represented or work undertaken by the organisations he proposes to join. Such conflict of interest, however, should not be interpreted Narrowly to mean normal economic competition with Government or its Undertakings, (iv) whether the service record of the pensioner is clear, particularly with respect to integrity and dealings with Non-Government Organisations, (v) the emoluments offered by the proposed employer to the pensioner and whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevalent in the Industry. (The word “far in excess” should not be narrowly interpreted to cover increases in such benefits that may be result of buoyancy in the industry or in the economy as a whole): and(vi) any other relevant factors.” Comments of concerned Ministries/ Departments/ State Governments are mandatory. Procedure for due diligence:- (i) Due diligence concerning organisation : Comments with regard to the Organisation (registered under the companies act) the applicant proposes to join are sought from Ministry of Corporate Affairs and D/o Revenue. Ministry of Corporate Affairs is required to examine in the light of instances of corporate misgovernance etc. They are also required to Clarify if the emoluments and pecuniary benefits offered by the proposed employer to the pensioner are far in excess of those currently prevalent in the industry. Department of Revenue is required to examine the proposal from the angels of income-tax, customs, enforcement etc. In case the organization is not based in India and/or is not controlled by Indian citizens, the comments of Ministry of External Affairs and Internal Security in MHA are sought on the issue whether the organization the pensioner proposes to join has any conflict of interest or activities prejudicial to India’s foreign relations, national security and – domestic harmony, and whether the organization is undertaking any form of intelligence gathering. (ii) Due diligence concerning applicant: Vigilance status of the applicant is obtained.Views/comments of the Ministries/ Departments in which the applicant was posited in the three years prior to retirement are sought under Rule 26(3) of AlS(DCRB) Rules, 1958.

Sl. No.	FAQ	Remarks
3.	Deputation of IAS officers under Rule 6(2)(ii) of IAS (Cadre) Rules, 1954.	Pension Desk is concerned with deputation of IAS officers under Rule 6(2) (ii) to an autonomous body, trust, society, etc. not controlled by the Government, or a private body. Such autonomous or private bodies fulfil all four of the following criteria: a) they are functionally autonomous of the Central and State Governments: b) they are not substantially funded by the Central and State Governments: c) the Central or State Governments do not have powers to give’ them directions: and d) they are not companies (except section 25 companies) registered under the Registration of Companies Act.Provided further that deputation to section 25 companies shall be allowed only on standard government deputation terms. Deputations are allowed only to officers who have served at least 9 years in the cadre, are clear from vigilance angle and have not dealt with the borrowing organisation in the last five years. Neither the officer nor any of his/her blood relations should have been connected with the setting up of or Management of the organisation. There will be a mandatory cooling off after every period of deputation under Rules 6(1) and 6(2) (ii).

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Resignation and Voluntary Retirement by Paramilitary Personnel

admin — Wed, 17 Mar 2021 16:59:11 +0000

Voluntary Retirement VRS by Paramilitary Personnel

17 MAR 2021

The details of resignation and voluntary retirement sought by the personnel of Central Armed Police Forces and Assam Rifles during the last five years are as under:

Name of the Force

Year

CRPF

BSF

ITBP

SSB

CISF

ARs

Total

	VR	R	VR	R	VR	R	VR	R	VR	R	VR	R	VR	R
2016	2623	205	3132	319	341	129	277	79	588	424	139	07	7100	1163
2017	3188	127	6001	414	486	132	490	58	809	751	567	18	11541	1500
2018	2385	151	3959	328	326	101	288	99	452	949	614	24	8024	1652
2019	1873	101	3847	436	336	129	386	108	540	545	514	18	7496	1337
2020	960	212	3310	211	423	129	328	68	469	250	445	07	5935	877
Total	11029	796	20249	1708	1912	620	1769	412	2858	2919	2279	74	40096	6529

VR = Voluntary retirement, R= Resignation

The number of resignation and voluntary retirement cases vary from year to year and no trend in this regard has been observed.

Voluntary Retirement Scheme for Central Government Employees

No specific study for ascertaining the reasons for voluntary retirement/resignation by Force personnel has been conducted. However, an analysis carried out by the Forces indicates that personal and domestic reasons including children/family issues, health issues of self or family members, social/family obligations and commitments, better career opportunities are some of the major reasons for voluntary retirement/resignation.

This was stated by the Minister of State for Home Affairs, Shri Nityanand Rai in a written reply to question in the Rajya Sabha today.

PIB

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Pension Benefits of VRS (Voluntary Retirement Scheme) and Resignation – Supreme Court Judgement

admin — Thu, 19 Dec 2019 08:29:22 +0000

Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No. 9076 of 2019
@SLP (C) No. 6553 of 2018

BSES Yamuna Power Ltd. …Appellant

Versus

Sh. Ghanshyam Chand Sharma & Anr. …Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1. By its order dated 26 May 2017 a Division Bench of the High Court of Delhi upheld the judgement of a Single Judge dated 21 March 2017 granting pensionary benefits to the first respondent. The judgement of the Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had „voluntarily retired‟ and not „resigned‟ from service. The appellant challenges these findings in the present appeal.

“On the issue of whether the first respondent has served twenty years, we are of the opinion that thequestion is of nolegal consequence to the present dispute. Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation. The first respondent is therefore not entitled to pensionary benefits. “

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Condonation of resignation for purpose of pay fixation: Clarification about “Technical Resignation” – OM dated 22nd Jan, 1993

admin — Sun, 07 Apr 2013 16:21:17 +0000

Condonation of resignation for purpose of pay fixation: Clarification about “Technical Resignation” – OM dated 22nd Jan, 1993

No. 13/24/92-Estt.(Pay-I)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training)

New Delhi, the 22nd Jan., 1993

OFFICE MEMORANDUM

Subject:- Condonation of resignation for purpose of pay fixation.

The undersigned is directed to invite attention to Ministry of Finance O.M. No. 3379-E.III(B)/65 dated 17th June, 1965 which provides that in cases where Govt. servant applied for post in the same or the other Departments through proper channel and on selection, they are required to resign the previous posts for administration reasons, the benefit of past service, if otherwise admissible under rules, be given for purposes of fixation of pay in the new posts treating the resignation as a “Technical Formality”. A question has now been raised as to whether this benefit is admissible to Govt. servants who applied for posts in same or other Departments before joining Govt. service and on that account the application was not routed through proper channel. The matter has been examined and the President is now pleased to decide that the benefit of past service subject to the same conditions as incorporated in O.M. dated 17.6.1965 fold may be allowed in such cases also subject to the fulfilment of the following conditions:-

i) the Govt. servant at the time of joining should intimate the details of such application immediately on their joining.

ii) the Govt. servant at the time of resignation should specifically make a request, indicating the dates that he is resigning to take up another appointment under Govt./Govt. organisation for which he applied before joining the Govt. service and that his resignation may be treated a ‘technical resignation’.

iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.

sd/-

(SMT. REVATHY IYER)

DEPUTY SECRETARY TO THE GOVT. OF INDIA

Source: www.persmin.nic.in [click here to view]

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