No. 57/03/2022-P&P W(B)/8361(S)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 11th October, 2024

OFFICE MEMORANDUM

Subject: Entitlement on voluntary retirement from Government service in respect of Central Government servant covered under the National Pension System.

The undersigned is directed to say that the Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Implementation of National Pension System) Rules, 2021 to govern the service related matters of Central Government civil employees covered under the National Pension System.

2. Rule 12 of the Central Civil Services (Implementation of NPS) Rules, 2021 provides for voluntary retirement from service and entitlement on voluntary retirement from Government service in respect of a Central Government servant covered under National Pension System. The rule provides that at any time after a Central Government employee covered under NPS has completed twenty years’ regular service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.

3. The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority. However, where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

4. Government servant may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons therefore. The appointing authority, on receipt of such a request, may consider the request for curtailment of the period of notice of three months on merits and if he is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months.

5. Government servant who has chosen to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority. However, the request for withdrawal shall be made at least fifteen days before the intended date of his retirement.

6. This rule shall not apply to a Government servant who, –

• (a) retires under the Special Voluntary retirement Scheme of Department of Personnel and Training relating to voluntary retirement of surplus employees as notified by their Office Memorandum No. 25013/6/2001-Fstt. (A) dated the 28th February, 2002 as amended from time to time; or
• (b) retires from Government service for being absorbed in an autonomous body or a public sector undertaking.

7. Government servant, on voluntary retirement from service, shall be entitled to benefits admissible under the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015 to the Subscriber retiring on superannuation.

8. If the Government servant intends to continue his Individual Pension Account or to defer payment of benefits under the National Pension System beyond the date of retirement, he shall exercise an option in this regard in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015.

9. All Ministries/ Departments are requested that the above provisions regarding entitlement on voluntary retirement from Government service in respect of a Central Government servant covered under the National Pension System may be brought to the notice of the personnel dealing with the NPS matters of employees in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation

(S. Chakrabarti)
Under Secretary to the Government of India

To
All Ministries /Departments/ Organisations,
(As per standard list)

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भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय/ MINISTRY OF RAILWAYS
(रेलवे बोर्ड/ RAILWAY BOARD)

N0. E(NG)I -2011/RE-3/2

New Delhi, dated 07.12.2022

Sub: Acceptance of voluntary retirement request of medically de-categorised staff with less than 20 years qualifying service – grant of compassionate appointment to the wards of such staff and grant of pension.

Ref.: Board’s letter of even no. dated 02.09.2014.

Dear Sirs,

The undersigned is directed to refer to Item No. 12/2011 raised by the staff side in DC.JCM meeting. This item could not be discussed during the last DC/JCM meeting held on 05-06 October 2021 due to paucity of time. However, the matter has been examined in consulation with Concerned Directorates. Instructions for considering Compassionate Appointment to the wards of partially, medically de-categorized staff who seek voluntary retirement are in existence vide Board’s letter No. E(NG)II/1995/RC/1/94 dated 14.06.2006. subject to conditions mentioned therein.

As regards the issue of settlement dues to such staff, position has been clarified to the Railways vide Item (ii) of-Board’s letter No. E(NG)I/2001/RE-3/9 dated 18.09.2002. The demand raised by the Staff side already stands covered under the extant instructions.

Therefore, the item may be treated as closed.

It is hoped that the Federations will appreciate the above position.

Yours faithfully,

for Principal Executive Director (IR)
Railway Board

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Latest DoPT Orders 2022

[Updated as on 20/09/2022]

Government of India
Ministry of Personnel, Public Grievance & Pensions
Department of Personnel & Training
AIS-II Section

Voluntary Retirement from Service for All India Service Officers

Department of Personnel & Training has issued guidelines on voluntary retirement and its implications on the Government servants at the time of voluntary retirement under All India Service (Death-Cum Retirement Benefits) Rules, 1958.

The procedure to be followed in this regard by the authorities concerned is summarized in the following paras for guidance and better understanding: –

Rule Position

Voluntary Retirement for the member of All India Services is governed by Rule 16(2) and 16(2A) of AIS (DCRB) Rules, 1958;

Rule 16(2) provides that a member of the Service may, after giving at least three months’ previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:

Provided that no member of the Service under suspension shall retire from service except with the specific approval of the Central Government.

Provided further that the State Government concerned on a request made by the member of the service may, if satisfied and for reasons to be recorded in writing, relax the period of notice.

Further, Rule 16(2A) provides that a member of the service may, after giving three months’ previous notice in writing to the State Government concerned, retire from service on the date on which he completes 20 years of qualifying service or any date thereafter to be specified in the notice:

Provided that a notice of retirement given by a member of the service shall require acceptance by the Central Government if the date of retirement on the expiry of the period of notice would be earlier than the date on which the member of the Service could have retired from service under sub-rule (2):

Provided further that a member of the Service, who is on deputation to a corporation or company wholly or substantially owned or controlled by the government or to a body controlled or financed by the Government, shall not be eligible to retire from the service under this rule for getting himself permanently absorbed in such corporation, company or body. Provided also that a member of the Service borne on the Cadres of Assam-Meghalaya. Manipur-Tripura, Nagaland and Sikkim may retire from service on the date on which he/she completes 15 years of service.

Instructions or guidelines issued under the Rule

1. A notice under sub-rule (2) of Rule 16, addressed to the Central Government can be treated as valid as defect in the notice is only formal, and in the absence of a prescribed form, endorsing a copy of the notice amounts to addressing the notice.

[File No. 28/8/72-AIS(II)]

2. Member of Service can serve notice of retirement even before he attains the age of 50 years or has completed 30 years of Qualifying service: –

A member of service can serve notice of retirement even before he attains the age of 50 years or has completed 30 years of qualifying service subject to the condition that the actual retirement takes place after he has attained age of 50 or has completed 30 years of qualifying service.

[File No. 28/8/72-AIS(II)]

3. Guidelines for acceptance of notice of voluntary retirement: –

For acceptance of the notice of retirement under sub-rule (2) and (2A) of Rule 16 of the All India Service (Death-cum-retirement Benefits) Rules,1958, the following guidelines are laid down:-

• i) A notice of voluntary retirement given by a member of the service may be withdrawn by him, after it is accepted by the Government, only with the approval of the Competent Authority concerned provided the request for such withdrawal is made before the expiry of the period of notice.
• ii) In cases where disciplinary proceedings are pending or contemplated against a member of the Service for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, is of the view that the imposition of the major penalty of removal or dismissal for service would be warranted, the notice of voluntary retirement given by the officer concerned may not ordinarily be accepted.
• iii) In cases where prosecution is contemplated or may have been launched in a court of law against a member of the service, the notice of voluntary retirement given by him may not ordinarily be accepted.
• iv) The notice of voluntary retirement given a member of the Service, who is on study leave or who has but not completed a minimum service of 3 years on completion of study leave, may not ordinarily be accepted.

[DP & AR letter No. 25011 /2/80-AIS(II), dated the 16th October, 1980]

4. EOL cannot run concurrently with the period of notice of voluntary retirement: –

• i) sub-rule (2) of Rule 16 of the AIS(DCRB) Rules requires that a member of the service should give 3 month’s previous notice in writing to retire from service on the date on which he/she completes 30 years of qualifying service or attains 50 years of age or any date thereafter to be specified in the notice. Further, under Sub-rule (2A), 3 months’ notice in advance in order to retire from service on the date on which he completes 20 years of qualifying service or on any date thereafter to be specified in the notice.
• ii) It is clarified that Extra Ordinary Leave on private affairs or on medical ground cannot run concurrently with the period of notice given by a member of the service for seeking voluntary retirement.

[DP & AR letter No. 25011 /2/80-AIS(II), dated the 16th October, 1980]

5. A MoS, who has given notice for voluntary retirement under the aforesaid rule will retire from service on the expiry of the period of the prescribed three months even if he is placed under suspension after he gave notice:-

Under sub-rule (2) of rule 16, ibid, retirement of a member of the service becomes effective on the expiry of three months’ notice given by him, unless he is under suspension. Once the notice period begins to run, it may not be open to the Government a unilateral act of suspension to prevent the running of the three month’s period. In other words, a member of the Service, who has given notice for voluntary retirement under the aforesaid rule will retire from service on the expiry of the period of the prescribed three months even if he is placed under suspension after he gave notice. However, as provided in the explanation below rule 6(1) ibid, a departmental proceeding in terms of the aforesaid rule shall also be deemed to have been instituted against the pensioner on the date he was placed under suspension. In view of this if a member of the service is placed under suspension after he gives notice for retiring from service voluntarily, the benefit of the limitation contained in clause (b) (ii) of the proviso to rule 6(1) ibid will not be available to him, and departmental proceeding under this rule for reduction of his pensionary benefits can be initiated against him, even after the date of his retirement, for a misconduct committed by him while in service, although such proceeding may be in respect of an event which took place more than four years before the institution of such proceedings.

[DP &AR letter No. 25011 /47/78 -AIS(II) dated the 16th October, 1978]

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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

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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latest supreme court judgement on macp on promotional hierarchy

RBE No. 108/ 2020

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(NG)I- 2020/RE-3/4

New Delhi, dated 9.12.2020

The General Managers (P)
All Zonal Railways & Production Units,
(As per standard list).

Sub: Procedure for disposing off the cases of taking voluntary retirement of Medically unfit Railways employees – Implementation of Section 20 of Rights of Persons with Disabilities Act, 2016 (RPWD Act, 2016) – clarification regarding.

In the light of Section 20 of Rights of Persons with Disabilities Act, 2016, and the Hon’ble Supreme Court judgment in the case of Shri Bhagwan Dass and Anr Vs Punjab State Electricity Board (2008), SCC579, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) vide their Office Memorandum No.25012/1/2015-Estt.A-IV dated 07.09.2020 have issued clarification regarding the requests received for voluntary retirement from service (VRS) from Persons With Disabilities. A copy of the same is enclosed herewith for necessary action and compliance. The instructions/ guidelines contained therein will apply mutatis mutandis on Zonal Railways also.

Please acknowledge receipt.

Hindi version will follow.

DA:- As above.

(M.K.Meena)
Deputy Director Estt.(N)
Railway Board

Source: indianrailways.gov.in

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No. 25012/I/2015-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi-110 001
Dated: September 7, 2020

OFFICE MEMORANDUM

Subject:- Request received for Voluntary retirement from service (VRS) from Persons With Disabilities – Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579 – clarification reg.

The undersigned is directed to refer to this Department’s O.M. of even no. dated 19.05.2015 on the subject noted above regarding the treatment of VRS notice given by a Government servant on medical grounds or on account of disability.

2. In this regard, it is stated that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) has been repealed by the Rights of Persons with Disabilities Act, 2016 (RPWD Act, 2016), which came into force on 19th April, 2017. Hence, section 47 of PWD Act, 1995 as stated in DoPT’s O.M. of even no. 19.05.2015 is replaced by the provisions of section 20 of the RPWD Act, 2016.
3. Section 20 of Rights of Persons with Disabilities Act, 2016 provides as under:

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved

• “20. (1) No Government establishment shall discriminate against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section.
  (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.
  (3) No promotion shall be denied to a person merely on the ground of disability.
  (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:
  Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumeraty post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
  (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities.

4. In view of the above provision of RPWD Act, 2016 and Hon’ble Supreme Court’s judgement in case of Bhagwan Dass & anr vs Punjab State Electricity Board (2008) 1 Scc 579, it is stated that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said VRS notice has been submitted due to a disability, the Administrative authorities shall examine as to whether the case is covered under Section 20 .
   (4) of RPWD Act, 2016. In case the provisions are applicable, the Government servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits. In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with the aforesaid provisions of Section 20 of RPWD Act, 2016. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rules.

5. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for voluntary retirement from disabled Government servants.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries /Departments of Government of India
(As per the standard list)

Source: DoPT

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BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)

CORPORATE OFFICE
Establishment Cell
Bharat Sanchar Bhawan

H.C. Mathur Lane, New Delhi-01
Dated: 18th August, 2020

F.No: BSNLCO-A/11(11)/8/2020-ESTAB

To,

All Heads of Telecom Circles &
All Heads of Other Administrative Units,
Bharat Sanchar Nigam Limited

Subject: Grant of time bound financial up-gradation under EPP/NEPP in respect of the VRS- 2019 retirees, which was due before their voluntary retirement on 31.01.2020.

Sir,

Attention is invited to Para 2 (j) of VRS Scheme circulated vide letter No.1-15/2019-PAT (BSNL) dated 4th November, 2019, which stipulates that “salary” means Basic Pay plus Dearness Allowance thereon as applicable on the effective date of voluntary retirement. Para 6.1(a) of the Scheme further stipulates that ex-gratia compensation will be payable on the basis of salary i.e. Basic Pay plus Dearness Allowance drawn by the employees on the effective date of voluntary retirement. It was expected that time bound financial up-gradation under EPP/NEPP in respect of the VRS-2019 retirees were granted from the dates on which it was due. However, it has come to notice of the Corporate Office that time bound financial up-gradation in respect of some of the VRS-2019 retirees, which was due before their voluntary retirement on 31.01.2020, have not been granted so far. This will have a bearing on the pension and terminal benefits including Ex-Gratia of such VRS retirees. As you are already aware, the amount of Ex-Gratia is to be paid by DOT, Govt. of India and the fourth installment of Ex-Gratia is also to be released by DOT shortly.

2. As a one-time measure, time bound financial upgradation under the EPP /NEPP, which was due to VRS retirees before their retirement, may be completed latest by 30th August, 2020. It may also be ensured that no case of upgradation under EPP/NEPP in respect of VRS optees is left out. The Circles are required to furnish a certificate signed by CGM, GM(HR) and IFA that all such cases have been completed. Any case of time bound upgradation of VRS retirees being reported later on will be viewed seriously and the concerned officers / official will be held personally responsible for any short payment received from DOT.
3. This issues with the approval of Competent Authority,

Yours faithfully,

Sanjeev Kumar
Asstt. General Manager (Estt.1)
Tel. No. 23037477

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File No.36-9/2002- Pen(T)Pt.
Government of India
Ministry of Communications
Department of Telecommunications
(Pension Section)

516, Sanchar Bhawan,
20, Ashoka Road, New Delhi
Dated: 12th June, 2020

OFFICE MEMORANDUM

Subject: Release of pensionary benefits to employees against whom Personal Court Case (other than departmental) is pending in the court.

The undersigned is directed to refer to DoT letter No. 36-9/2002-Pen(T) dated 24.03.2003 (copy enclosed) vide which clarification was issued regarding the above mentioned subject.

2. The matter has been examined afresh and the DoT letter dated 24.03.2003 has been superseded by DoT letter No. 36-9/2002-Pen(T)Pt. dated 05.06.2020 (copy enclosed).

Encl: As above.

(Asha Wadhwani)
Under Secretary to the Govt. of India
Ph. 011 23036260

No. 36-9/2002-Pen({T)Pt.
Government of India
Ministry of Communication
Department of Telecommunication
(Pension Section)

516, Sanchar Bhawan, 20, Ashoka Road,
New Delhi-110001, dated 5” June, 2020

To,

The Chairman and Managing Director,
Bharat Sanchar Nigam Ltd (BSNL),
Bharat Sanchar Bhavan, Harish Chandra Mathur Lane,
Janpath, New Delhi-110 001.

Subject: Release of Pensionary benefits to employees against whom Personal Court Case (other than departmental) is pending in the court.

Sir,

This refers BSNL letters No. 1-15/2019- PAT (BSNL) (Part) dated 30.01.2020, No. 22-92/2017/ General/Vol.I dated 5.7.2018 mentioned therein, and earlier references from BSNL on the subject. :

2. The matter has been examined in light of the advice rendered by Department of Pension & a Pensioners Welfare vide ID Note No. 4-9/2018-Vig.I (pt) dated 28.09.2018 (copy enclosed).

3.. Department of Pension & Pensioners’ Welfare vide the above referred ID Note on the question whether judicial proceedings initiated against a Government servant by the state police on the basis of a complaint by a private party for any action-other than in any official capacity would come under the ambit of Rule 69 of CCS (Pension) Rules 1972 – conveyed the following:

• If a Government servant is convicted during the period of service, action is taken under Rule 19 of the CCS (CCA) Rules and a penalty under Rule 11 of the CCS (CCA) Rules is imposed. Such action under said Rules is taken irrespective of whether the conviction is on account of charges connected with his official capacity or otherwise. Once a Government servant retires, action cannot be taken against him under CCS (CCA) Rules. After retirement, if the Government servant is found guilty of misconduct during service action can be taken under Rule 9(i) of the CCS (Pension) rules and his pension/ gratuity can be withhold/ withdrawn.
• DoP&PW is of the view that all misconduct under CCS (Conduct) Rules for which the Government servant could be punished under the CCS (CCA) Rules, during the period of service would be covered by the provisions of Rule 9 and Rule 69 of the CCS (Pension) Rules, 1972. Therefore, after retirement, in cases where the judicial proceedings for any act during service (whether in official capacity or otherwise) which could be termed as misconduct under the provisions of CCS (Conduct) Rules are continued after retirement, such judicial proceedings shall come under the purview of Rule 9 and Rule 69 of CCS (Pension) Rules, 1972.

4. The applicability of the above advice on other cases of similar nature has been examined. In view of the explicit advice rendered by Department of Pension & Pensioners’ Welfare reproduced above, the previous DoT letter No. 36-9/2002- Pen(T) dated 24.03.2003 in this regard is hereby superseded by the above advice rendered by Department of Pension & Pensioners’ Welfare.

5. As regards the applicability of the above to VRS optees under BSNL VRS-2019, it is to intimate that there is no ruling for any differential treatment to these retirees.

6. This issues with the approval of Secretary (T).

Encl: As above.

(Asha Wadhwani)
Under Secretary to the Govt. of India

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BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
Corporate Accounts Section
1st Floor, Corporate Office
Harish Chander Mathur Lane
Janpath New Delhi- 110001

F.NO. 500-163/2019-20/ CA-III/BSNL

Dated: 08.04.2020

To

CGMs and IFAs
All Territorial and Non-Territorial Circles,
Sr GM Estt, PGM Pers & DGM R&P BSNL CO

Sub: Instructions regarding Payment of VRS dues – Validation & Compliance

In continuation of even numbered letters issued on the cited subject, following instructions are issued for strict compliance:

• Notwithstanding the position that the amount of ex-gratia and leave encashment payable to the retirees of BSNL VRS – 2019 scheme, has been verified by the circles, it is requested to do the checking of the master data of the employees towards eligible service, eligible number of leaves, their vigilance clearance status etc once again duly keeping in view the PPOs issued by CCA and underlying information thereto.
• It is required to prepare (and keep in records) a proper statement of the amount recoverable, and recovery made on account of dues (towards Loans, advances, Pay and allowances recoveries, other recoveries etc) from the BSNL VRS-2019 retirees against the Ex-gratia, and Leave Encashment payout. The amount recoverable and recovered should be duly validated for any errors and omissions.
• Establishment section has already communicated the SOP for BSNL VRS 2019, with the format of report to be submitted to DoT on Ex-Gratia. Kindly ensure that the reports / compliances in the Format given in Annexure A, B & C of the DOT letter No. 1/VRS/BSNL/2019/Accounts/TA-I/170-198, dated 16.01.2020 are duly submitted to the respective CCA.
• The second / subsequent instalment of the Ex-Gratia shall be paid as and when further funds and instructions are received from DoT. Therefore, you may please do the necessary preparations, well in advance so that the payout can happen without delay, as and when the funds are received in this regard.
• May kindly note that the activity needs to be completed by 14.04.2020.

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

This has been issued with the approval of the competent authority.

Surajit Mandol
Sr GM (CA & ERP)

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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

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