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.

No. 42/15/2022 -P&PW(D)/2
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110003
Date:- 25th Oct, 2022

OFFICE MEMORANDUM

Subject:- Clarification regarding commutation value for Government servant whose date of birth is the first of a month and who retires on the afternoon of the last day of the preceding month – reg

In accordance with proviso to Fundamental Rule [FR-56(a)], 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.

2. References/ Representations have been received in this Department seeking clarification as to which commutation value is to be taken in cases where a Government servant whose date of birth is first of a month and who retires from service on the afternoon of the last day of the preceding month.

3. In such cases, pension becomes due from the day following the date of retirement. Further, as per Rule 6(1)(i-a) of CCS(Commutation of Pension) Rules, the commutation of pension shall become absolute on the day following the date of retirement. Therefore, the retiring Government servant will be eligible for commutation of pension on the day following the date of his retirement and the commutation value expressed as number of year’s purchase will be age on next birthday.

4. Accordingly, in the case of such Government servants who retire on attaining the age of 60 years, the age next birthday will be 61 years, including in cases where the date of birth is first of a month and the Government servant retires on the afternoon of the last day of the preceding month. Therefore, the commutation value of 61 years (i.e age on next birthday) will be applicable in this case.

(Charanjit Taneja)
Under Secretary

1. All Ministries/ Departments of the Government of India (as per standard distribution list).
2. C&AG of India, UPSC, etc. as per standard endorsement list.

Download Clarification regarding commutation value for Government servant whose date of birth is the first of a month and who retires on the afternoon of the last day of the preceding month PDF

The post Commutation value for Government employee whose date of birth is the first of a month and who retires on the afternoon of the last day of the preceding month appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The retirement age of state government employees in Tamil Nadu has increased from 59 to 60 years, Chief Minister Edappadi K. Palaniswami announced on Thursday 25.02.2021)

In the Legislative Assembly, issuing a suo motu declaration, he said the order would apply to government and government-assisted school workers, legal and statutory agencies, government sectors, municipal bodies, committees, boards and unions.

Retirement guide for a central government employees

He said the announcement would cover all those who were in service and those who would retire on May 31, 2021.

The government extended the retirement age from 58 years to 59 years last year.

The retirement age of Tamil Nadu state government employees increased from 58 to 59

The post Retirement age of Tamil Nadu government employees increased to 60 years appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

PREMATURE RETIREMENT

BY Speed Post.

No SG/BPS/notional/ 2020/5

Date: 16.10.2020

To
Dr. C. Chandramouli,
IAS

Secretary,
Department of Personnel and Training, North Block,
New Delhi – 110001

Subject: Contempt of Court.

Sir,

Since the year 1922 onwards FR 56 read with Article 14 of Civil Service Regulations provided that the date of retirement had to be the relevant date of birth on completion of the age of retirement on superannuation. In other words the date of (i) attaining the age of superannuation, (ii) retirement and (iii) commencement of pension used to be the same. This was the Rule governing retirement on superannuation prior to 3rd CPC.

Check: Premature retirement of central government employees before the date of superannuation

2 a) Subsequently 3rd CPC recommendation was accepted by the Government of India Based on the accepted recommendation, the then Department ofAdministrative Reforms (now DOPT),issued orders on the 24th November, 1973 laying down that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell.

2 b) Clarificatory OM dated 29th June, 1974 was issued without the approval of the concerned State Minister, that all those born on the 1st would retire in the afternoon of the last day of the previous month.Accordingly FR56(a) created.

3. Consequently, those born on the 1st Jan, 1928/1938/1946/1956, were deprived of the benefits of the 4th/ 5th/6th/7th CPC respectively. However, those who could knock the door of the court got favorable judgements.Annexure2 gives the details of court cases with positive outcome.

Latest in the series is the case of Union Of India vs M L. Punshi & Am; IN THE HIGH COURT OF DELHI AT NEW DELHI in WP (C) No. 288512000 on the 191hJuly, 2010. In this case the court did not agree with the contention of the Union of India and observed ” In short, we are of the view that in the present cases the effective date of retirement would be 01.04.1995 and not 31.03.1995.” SLP filed by the Government against order of the High Court was dismissed by the Supreme Court.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

4. In the case of lnder Pal Yadav Vs Union of lndia [ l985(2) SCC 648), in SLP-IA No. 77457/2017 dated 01.09.2017, in the Civil Appeal No. 3744 of 2016 UOI Vs Balbir Singh Tur & Anr dated 08.12.2017 and UOI VS Prithvi singh dated 24.4.2018 the Hon’ble Supreme Court observed that ” We find that there are several matters in which the aggrieved employees have been going to the Tribunal, then to the High Court and thereafter those matters are brought before this Court. Once the question, in principle, has been settled, it is only appropriate on the part of the Government of India to issue a circular so that people need not unnecessarily travel either to the Tribunal or the High Court or this Court and it will save the time of the Court and the Administrative Departments apart from avoiding unnecessary and avoidable expenditure”.

Also check: Retirement guide for a central government employees

5. The DOPT, has not so far honoured the supreme court pronouncement referred to above , consequently it has rendered itself liable to be taken-up for contempt of the court, as well as for putting lot of retirees(Sr Citizens) to financial loss. DOPT, contrary to the observation of the Supreme Court is forcing Pensioners who are in the evening of their lives to knock the doors of CAT, High court/Supreme court. Presently quite a number of cases filed by pensioners born on the 1st January,/ 30th of June are pending in the courts.

6. Kindly look into and ensure that the pronouncement of the Supreme court as brought out in foregoing line is implemented in letter & spirit so that that thousands of aggrieved who do not have means to approach the courts are not deprived of their legitimate dues.

Also check: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

7. A detailed background note is annexed.

With regards
Yours truly,

DA/2.Annexures

S. C Maheshwari
Secy Genl. Bharat Pensioners Samaj
Mobile No 9868488199
Email id: bharatpensioner @gmail.com

The post Contempt of Court – Date of birth on completion of the age of retirement on superannuation appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
LOK SABHA

UNSTARRED QUESTION NO. 1654

(TO BE ANSWERED ON 21.09.2020)

PREMATURE RETIREMENT

1654. ADV. A.M. ARIFF:
SHRI V.K.SREEKANDAN:
SHRI P.P. CHAUDHARY:
SHRI KAUSHAL KISHORE:
Will the PRIME MINISTER be pleased to state:

(a) whether the Government proposes to implement any scheme to terminate the services of the Central Government employees before the date of superannuation, for those who have completed thirty years of service or are above 50 years of age, or on any other grounds;

(b) if so, the details thereof;

(c) whether the Government has discussed the issue of termination of employees with the employee organizations and solicited their views and if so, the details thereof;

(d) if not, whether the Government will consider the same and re-think the proposal; and

(e) whether the Government also proposes to amend the service rules to bring efficiency in administration in the wake of the recession in the economy and if so, the details thereof?

Also check: Retirement guide for a central government employees

ANSWER

Premature retirement of central government employees

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) to (d): Instructions have been in existence for review of Government employees under the Fundamental Rules (FR) 56(j), the Rule 48 of Central Civil Services (CCS) (Pension) Rules, 1972 and the Rule 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 and to pre-maturely retire a Government employee.
The objective of the review process is to bring about efficiency and to strengthen the administrative machinery.

e): It is endeavour of the Government to review the service conditions of Central Government employees from time to time so as to respond to the challenges of improving performance, and for bringing efficiency and transparency in administration.

Also read: Retirement of Government Employees on 31st March 2020 – DoPT Orders 2020

Source: Lok Sabha

The post Premature retirement of central government employees before the date of superannuation appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

G.0.(Ms)No.51

Dated: 07.05.2020

G.O.(Ms)No.532, Personnel and Administrative Reforms (Personnel-M) Department, dated 25.04.1979.

ORDER:

The Government have decided to increase the age of superannuation of Government servants from 58 years to 59 years and orders accordingly. This will apply to all those who are in regular service as on date and due to retire on superannuation from 31.05.2020.

The retirement age of Tamil Nadu state government employees increased from 58 to 59

This order shall also be applicable to all teaching and non-teaching staff working in aided educational institutions and employees of all Constitutional / Statutory Bodies, Public Sector Undertakings including all State Corporations. Local Bodies, Boards. Commissions, Societies, etc.

The relevant provisions under rule 56 of Tamil Nadu Fundamental Rules will be modified to the above extent. Necessary amendment to the above rules will be issued accordingly.

(BY ORDER OF THE GOVERNOR)

K. SHANMUGAM,
CHIEF SECRETARY TO GOVERNMENT

The post Age of superannuation of Government servants from 58 years to 59 years appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

TN state government employees retirement age increased

Government of Tamil Nadu has raised the retirement age of employees of state government from 58 to 59.

It will also extend to all teachers in government-assisted schools and colleges and government-assisted undertakings in the public sector.

A press release says the order comes to force with immediate effect.

Also check: No move to reduce the retirement age of central government employees to 50 years

The post The retirement age of Tamil Nadu state government employees increased from 58 to 59 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Retirement age 65 years

The government has amended rules putting the maximum age limit of 65 years (retirement age 65) for the Chief of Defence Staff (CDS) to serve in the post.

The changes were made in the Rules of the Army, 1954, according to a defense ministry notification.

In a landmark decision, Tuesday (31st December 2019) Cabinet Committee on Security approved the formation of the CDS, which will serve as the defense minister’s principal military advisor on all tri-service issues.

The service chiefs can serve for a maximum duration of three years or until they reach the age of 62, depending on the early age.

Inputs from PTI

The post Retirement age for defence personnel Maximum age limit for Chief of Defence Staff put at 65 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Maximum of 300 Days Leave Allowed to Encash at the time of regular Retirement for Central Government employees

LEAVE ENCASHMENT OF EMPLOYEES

As per Rule 39 of the CCS (Leave) Rules, 1972, a Central Government servant is entitled to cash equivalent of leave salary for both earned leave and half pay leave at his / her credit on the date of retirement, subject to a maximum of 300 days including the period of encashment allowed in the previous employment under the Central Government.

In case a Government servant resigns or quits service, the maximum encashment of leave allowed is 150 days.

The above information was given by the Minister Shri Jitendra Singh in a written reply in the Rajya Sabha on 5.12.2019.

The post RULE 39 CCS LEAVE RULES 1972 – LEAVE ENCASHMENT FOR CENTRAL GOVERNMENT EMPLOYEES appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

12 DEC 2019

Presently, there is no proposal in the Government to reduce the retirement age of Government employees below 60 years.

There is no such proposal of Golden Voluntary Retirement Scheme under consideration of the Government.

Also check: VOLUNTARY RETIREMENT SCHEME FOR CENTRAL GOVERNMENT EMPLOYEES

This information was provided by the 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 written reply to a question in Rajya Sabha today.

PIB

The post Voluntary Retirement Scheme for Central Government Employees appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF ECONOMIC AFFAIRS
LOK SABHA

UNSTARRED QUESTION NO. 1234
TO BE ANSWERED ON 25th NOVEMBER, 2019

Question by SHRI LAVU SRI KRISHNA DEVARAYALU & ANSWER by MINISTER OF STATE IN THE MINISTRY OF FINANCE SHRI ANURAG SINGH THAKUR

Will the Minister of FINANCE be pleased to state:

1. Question: whether it is true that the Economic Survey presented this year recommends an increase in retirement age for employees to 70 years;
Answer: The Economic Survey 2018-19 did not recommend an increase the retirement age for employees to 70 years. It merely highlighted the experience of other major countries.

Also check: Central Government employees who have put in 33 years service or attained the age of 60 years, whichever is earlier, shall retire on superannuation

2. Question: if so, the details of the recommendation along with its status;
Answer: Does not arise.

3. Question: whether it is true that the Ministry is planning to bring a new proposal of 33 years of service or 60 years whichever is less for Central Government employees instead of implementing the above recommendation; and
Answer: Presently, there is no proposal in the Government to fix the retirement age of Government employees as 60 years or 33 years of service, whichever is earlier.

4. Question: if so, the details thereof and the reasons therefor along with its status?
Answer: Does not arise

Source: http://loksabhaph.nic.in/

The post No proposal in the Government to fix the retirement age of Central Government employees as 60 years or 33 years of service appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.