Compulsory Retirement Under Section 56(J) of CCS (Pension) Rules
A periodical review procedure for all groups of Central Government employees and offices under the Fundamental Rule (FR) 56 (j) and FR 56 (I) and Rule 48 (1) (b) of CCS (Pension) Rules 1972. The review formalities who are due to attain the age of 50/55 years or complete 30 years of service should be scrutinized at the beginning of every quarter by a senior officer in the Ministry/Department.
HAND BOOK OF COMPULSORY RETIREMENT
The appropriate authority has the absolute right to retire, if it is necessary to do so in public interest, any Government employee as per provisions of Rules as under :-
FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972
| 1 | Category | i and ii. Group ‘A & B’ officers: iii.Entered service before 35 years of age iv. Attained 50 years of age Other cases: Attained 55 years of age 56 (e) a Govt. Servant in Group ‘C’ of post who is not governed by any Pension Rules, can also be retired after he has completed 30 years service. | All Government servants covered by CCS (Pension) Rules, 1972 who have completed 30 years of qualifying service. |
| 2 | Notice Period | 3 months or 3 months pay and allowances in lieu thereof | 3 months or 3 months pay and allowances in lieu thereof |
The cases of Government servant covered by FR 56(j) or Rule 48 of CCS (Pension) Rules, 1972 should be reviewed six months before he attains the age of 50/55 years or completes 30 years service, whichever occurs earlier in cases covered by FR 56(j) and 30 years of qualifying service under Rule 48 of CCS(Pension) Rules, 1972.
Time Schedule for review is as under:-
| No. | Quarter in which review is to be made | Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter. |
| 1. | January to March | July to September of the same year |
| 2. | April to June | October to December of the same year |
| 3. | July to September | January to March of the next year |
| 4. | October to December | April to June of the next year |
A register of employees who are due to attain the age of 50/55 years or complete 30 years of service to be maintained. The register should be scrutinized at the beginning of every quarter by a senior officer in the Ministry / Department and the review undertaken according to the above schedule.
Note : Compulsory Retirement as a penalty under CCS (CCA) Rules, 1965 is distinct from the above provisions.
All India Service: A Member of All India Services can be compulsorily retired in terms of Rule 16(3) of AIS (DCRG) Rules, 1958. On completion of fifteen years or twenty five years of qualifying service or attains the age of fifty years on any date thereafter. Detailed procedure is indicated in the annexed copy of DoPT letter No.25013/02/2005-AIS.II dated 28.6.2012
FR 56(j) and Rule 48 of CCS (Pension) Rules
Compulsory Retirement Under Section 56(J) of CCS (Pension) Rules
The Government has the absolute right to retire Government officials prematurely on the ground of lack of integrity and ineffectiveness, in public interest, under the provisions of Fundamental Rules (FR) 56(j)/(l), Rule 48 of Central Civil Services (CCS) Pension Rules, 1972
As per the information/data uploaded by the different Ministries / Departments/Cadre Controlling Authorities (CCAs) on Probity Portal followed by the rectification requests made by some Ministries / Departments/CCAs, during the period from July, 2014 to October, 2019 (as on 21.11.2019), FR 56(j) has been invoked against a total number of 96 Group ‘A’ officers of different Ministries / Departments.
The Government has the absolute right to retire Government officials prematurely on the ground of lack of integrity and ineffectiveness, in public interest, under the provisions of Fundamental Rules (FR) 56(j)/(l), Rule 48 of Central Civil Services (CCS) Pension Rules, 1972. These rules lay down the policy of periodic review and premature retirement of Government servants, which is a continuous process.
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, DrJitendra Singh in written reply to a question in RajyaSabha today.