CHAPTER 18
RETIREMENT

1801. (F.R. 56).--(a) Except as otherwise provided in this Rule, or any other Rule or order for the time being in force, every Railway servant shall 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 Railway 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.

“Provided further that a Government servant who has attained the age of fifty eight years on or before the first day of May, 1998 and is on extension in service, shall retire from service on expiry of his extended period of service.”

NOTE.--The date on which a Railway servant attains the age of sixty years, shall be determined with reference to the date of birth as recorded in terms of Rule 225-R.I, read with administrative instructions there under.

(b) No Railway servant shall be granted extension in service beyond the age or retirement of 60 years.

(c) Notwithstanding anything contained in these rules, or any other rule or order for the time being inforce, the competent authority may require a railway servant under suspension to continue in service beyond the date of his retirement in which case he shall not be permitted by that authority to retire from service and shall be retained in service till such time as require by that authority.

(Authority:- Railway Board's letter No.E(P&A)I/98/RT-6 dated 14.05.98 , 22.7.98 & 31`.8.98) 

(d) In the absence of specific orders to the contrary, every Railway servant shall demit service on the due date of superannuation.   In case, for whatever reason other than specific orders to that effect, a Railway servant continues in service, beyond such due date, the period of over-stay shall be treated as irregular and the pay/allowance etc. drawn during the said period shall be recovered.

(Authority:- Railway Board's letter No.E(G)97/RT1/1 dated 7.7.99)

Railway Board’s orders

Rule 1801 has been made permissive to enable the competent authorities to come to a decision in each case, depending upon the merits, as to whether a railway servant under suspension should be retained in service or retired on attaining the age of superannuation.  As there are differences in the Government’s hold over the retirement benefits of retired employees under the Pension Scheme and the Provident Fund Scheme, the decision regarding the retention in service beyond the age of superannuation or not will have to be mainly based on the scheme of retirement benefits by which the Railway servant is governed.

The Railway Board have decided that Railway servants governed by the Pension rules must be retired on the due date of superannuation even if they remain on suspension on that date and the enquires into the charge are still in progress, as the extant orders provide for the continuance of and initiation of proceedings against even retired railway servants under certain conditions.

In the case of non-pensionable railway servants the competent authority will have to take a specific decision in each case, on merits, whether or not to continue in service beyond the date of superannuation, railway servants under suspension.  In arriving at a decision, the considerations indicated below shall be kept in view.  Only in those cases, where the prospect of a dismissal is nearly certain with the attendant possibility of denying the employee Government’s contribution to Provident Fund, need a railway servant under suspension be retained in service beyond the date of superannuation.  In other cases, where dismissals are not likely to result, the railway servants concerned shall be retired on the date of attaining superannuation, subject to withholding of special contribution to Provident Fund and also postponement of settlement of Government contribution Provident Fund in terms of Provident Fund Rules, unless there is need for making an exception in any particular case.  Departmental proceedings in such cases shall nevertheless be continued and processed to finality expeditiously so that the liabilities established in such proceedings can be adjusted against the Government contribution to Provident Fund held back.  While deciding to make exceptions in individual cases for retaining the railway servants beyond the date of superannuation, due regard will have to be paid to the considerations that such employees will have to be paid subsistence allowance during the period of suspension and full pay and allowances to which they would become entitled in the even of their being completely exonerated of the charges against them, and that deductions can be made from the Government contribution to Provident Fund only in terms of Provident Funds Rules.

1802. (a) Notwithstanding anything contained in this Rule, the appointing authority shall if is of the opinion that it is in the public interest to do so, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice: -

(i)   If he is in Group ‘A’ or Group ‘B’ service or post in a substantive or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years.

(ii)   In any other case, after he has attained the age of 55 years.

(Authority:- Railway Board's letter No. E(P&A)I-88/JCM/NC-2 dated 6.7.89)

 (b)  (1) Any railway servant may by giving notice of not less than three months in writing to the appropriate authority, retire from service after he has attained the age of fifty years if he is in Group ‘A’ or Group ‘B’ service or post (and had entered Government service before attaining the age of 35 years) and in all other cases after he has attained the age of 55 years:

Provided that it shall be open to the appropriate authority to withhold permission to a railway servant under suspension who seeks to retire under this clause.

(2) A railway servant, referred to in sub-rule (1) may make a request in writing to the appointing authority to accept a notice of less than three months, giving reasons therefore.  On receipt of a request under this sub-rule, the appointing authority may consider such request for curtailment of the period of notice of three months on merits and, if it 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, on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

1803. (a)  Notwithstanding anything contained in these rules, or any other rule or order for the time being in force, the appointing authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right to retire a railway servant governed  by any Pension Rules after he has completed thirty years service qualifying for pension after giving a notice in writing in this behalf to the railway servant at least three months before the date on which he is required to retire, or three months pay and allowances in lieu of such notice.

(b) (1) A railway servant who is governed by any of the pension rules, may retire from service at any time after completion of 30 years of service qualifying for pension, after giving notice in writing to the appropriate authority, at least three months before the intended date of retirement:

Provided that it shall be open to the appropriate authority to withhold permission to a railway servant under suspension, who seeks to retire under this clause.

(b) (2) A railway servant, referred to in Sub-rule (b) (1) may make a request in writing to the appointing authority to accept a notice of less than three months, giving reasons therefore.  On receipt of a request under this sub-rule, the appointing authority may consider such request for curtailment of the period of notice on merits and if it 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, on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(Authority:- Railway Board's letter No.E(P&A)I-92/RT-5 dated 13.7.92)

NOTE.--Both in the cases falling under Rule 1803 (a) and (b) (1) orders permitting /requiring a railway servant to retire after completing 30 years qualifying service should, as a rule, not be issued until/after the fact, that the railway servant has indeed completed the qualifying service of thirty years, has  been verified in consultation with the Accounts Officer.

1804. --(a) Notwithstanding anything contained in clause (a), of rule 1802, the appointing authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right to retire a railway servant in Group ‘C’ service or post who is not governed by any Pension Rules after he has completed thirty years service by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice.

(b) A railway servant in Group ‘C’ service or post who is not governed by any Pension Rules, may by giving notice of not less than 3 months in writing to the appointing authority, retire from service after he has completed thirty years service.

1805.  (1) If on a review of the case referred to in Rule 1802 (a), 1803 (a) and 1804 (a), either on representation from the railway servant retired prematurely or otherwise, it is decided to reinstate the railway servant in service, the authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement as duty or as leave of the kind due and admissible, including extra-ordinary leave, or by treating it as diesnon depending upon the facts and circumstances of the case:

Provided that the intervening period shall be treated as a period spent on duty for all purposes including pay and allowances, if it is specifically held by the authority ordering reinstatement that the premature retirement was itself not justified in the circumstances of the case, or if the order of premature retirement is set aside by a Court of law.

(2) Where the order of premature retirement is set aside by a Court of law with specific directions in regard to regulation of the period between the date of premature retirement and the date of reinstatement and no further appeal is proposed to be filed, the aforesaid period shall be regulated in accordance with the directions of the Court.

NOTE (1).--Appropriate authority, referred to in these Rules, means the authority which has the power to make substantive appointments to the post or service from which the railway servant is required or wants to retire.

NOTE (2).--‘Appointing Authority’ means the authority competent to make the first appointment to the grade which the railway servant for the time being holds.

NOTE (3).--The 3 months notice referred to in these rules may be given before the railway servant attains the age specified in Clauses (a) and (b) of Rule 1802 or has completed thirty years of service specified in Clause (a) and (b) (1) of Rule 1803 or has completed thirty years of service specified in clauses (a) and (b) of Rule 1804:

Provided that the retirement takes place after he has attained the relevant age or has completed 30 years service as the case may be.

NOTE (4).--In computing the notice period of three months referred to in Rules 1802 to 1804, date of service of the notice and the date of its expiry shall be excluded. 

NOTE  (5).--A railway servant who has served a notice of retirement under Rule 1802 (b) or Rule 1803 (b) (1) or Rule 1804(b), as the case may be, shall be precluded from withdrawing his election subsequently, except with the specific approval of such authority:

Provided that the request for withdrawal shall be within the intended date of his retirement.

GOVERNMENT OF INDIA’S ORDERS

(1).  No specific orders are necessary for retirement on due date:-- A question has been raised whether the retirement of a Government servant is automatic on the date on which he attains the age of compulsory retirement or some specific orders by a competent authority are necessary specifying the date on which they should retire.

The rules regulating the age of superannuation or the terms and conditions may provide for the compulsory retirement of a Government servant on his attaining a specific age or after completion of a specified period of service. In all such cases retirement is automatic and in the absence of specific orders to the contrary by the competent authority, a Government servant must retire on the due date.  It is the responsibility of the administrative authorities concerned to ensure that the Government servant under their control so retire.  The date of compulsory retirement of a Government servant is known in advance and there should be no question of failure to make arrangements for his relief sufficiently in advance and complete any formalities required in that behalf.  For this purpose, the authorities concerned should maintain a proper record of the date of retirement of the Government servants working under them and take such appropriate action as may be necessary for their retirement on the due dates.

At the same time, a Government servant cannot take advantage of the non-receipt of formal orders regarding his relief, etc., to say that he has been granted an extension of service.  If the Government servant desires to take any leave preparatory to retirement he will naturally apply for it in good time.  If not, he should bring the fact that he is attaining the age of superannuation or completing the period of service after which he has to retire, to the notice of the head of the office in which he is serving or if he is himself the head of the office, to that of his immediate superior.  Unless he receives specific orders that he should continue in service, he should make over charge on the due date to the head of the office (or such officer as may be nominated by the latter), or if he is himself the head of the office to the next senior most officer in the office who would normally be placed in charge of the office in his absence.

(Govt. of India, Min. of Home Affairs, O.M. No.33/6/56-Ests.(A), dated the 10^th December, 1965.)

(2) Relinquishment of charge on a holiday:-- A question has been raised regarding the procedure to be followed for relinquishment of charge of office in the case of a retiring Government servant when the day on which he is due to retire happens to be a closed holiday.  Since a Government servant shall retire from service with effect from the afternoon of the last day of the month in which his/her date of retirement falls, the retiring Government servant should formally relinquish charge of office on the afternoon of that day itself even if it happens to be a closed holiday. 

(ii) In cases in which handing over of cash, stores, etc., is involved, these may be made over by the retiring officer (to the relieving officer or, in the absence of the relieving officer, to the next senior officer of the Department present) on the close of the previous working day on the analogy of Government of India’s Decision (3) below Rule 78 of the General Financial Rules. Therefore, the actual relinquishment of charge of office shall be made in the prescribed form on the last day of service for which the physical presence of the officer in the office need not be insisted upon.

(Govt. of India, Min. of Finance O.M. No. 19050/8/76-E.IV(B), dated the 21^st February, 1977.) 

(3) Withholding of permission to retire when placed under suspension after receipt of notice.--Attention is invited to proviso (b) to clause (k) (1) of Rule 56 of the Fundamental Rules embodied in the Notification No. 25013/25/83-Estt.(A),dated the 25^th February, 1984, wherein it is provided that it shall be open to the appropriate authority to withhold permission to a Government servant under suspension who seeks to retire thereunder.  A question has been raised whether the right conferred on the appropriate authority under this proviso can be exercised by that authority in respect of a Government servant who is placed under suspension after he has given the notice of retirement. The question has been considered carefully and it is clarified that the right conferred on the appropriate authority under the above proviso can be exercised by  that authority even if a Government servant is placed under suspension after giving the notice for retirement, but such right shall be exercised by the said authority before the expiry of the period of notice given by a Government servant. 

(Govt. of India., Min.of Home Affairs., (Deptt. Of Personnel & AR), O.M. No. 25013/31/83-Estt. (A), dated the 30^th March, 1984.)

AUDIT INSTRUCTIONS

Clause (a) of F.R.56 (corresponding to clause (a) of Rule 1801 of this Chapter) apply to all Government servants to whom the Fundamental Rules as a whole apply, whether they be holding temporary or permanent posts substantively or in an officiating capacity. When a Government servant holding a permanent post substantively is officiating in another post, Fundamental Rule 56 (a) (corresponding to rule 1801 (a)) should be applied according to the character of the post in which he is officiating and not according to the character of the permanent post held substantively by him.

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