Appendix-22-The Punjab Civil Services Premature Retirement Rules 1975, Ques-Ans

In the Appendix-22 of Punjab Civil Services Rule Volume I Part 2 is Appendix-22-The Punjab Civil Services Premature Retirement Rules 1975. Here are Important Questions Answers of this Chapters.

APPENDIX-22

The Punjab Civil Services Premature Retirement Rules 1975

Ques 2201. Who is the Competent Authority to retire a Govt employee prematurely due to bad record and what are the conditions?

Ans 2201 Vide rules 3(1) and read with 2(1) of the Punjab Civil Services (Premature Retirement) Rules, 1975, the Appointing Authority is competent to retire a Govt. employee due to adverse reports provided he has completed 25 years qualifying service or he has attained the age of 50 years.

Ques 2202 Please state the conditions under which a Govt. employee can be retired pre-maturely?

Ans 2202 Vide rule 3(1) and read with 2(1) of the Punjab Civil Services (Premature Retirement) Rules, 1975, the Appointing Authority can retire a Govt employee prematurely if the following conditions are fulfilled-

1. Record (ACRs) of the employee is bad.
2. A notice of premature retirement for period not less than 3 months is served on the employee, or he has been given sum equivalent to his pay and allowances for a period of three months,
3. The employee has completed 25 years qualifying service or he has attained the age of 50 years or more.

Ques 2203 A police constable was appointed on 1.1.1961. His record was bad and he was therefore, retired prematurely on 30-6-85 on the basis of his 24½ years’ service. He challenged the premature retirement on the grounds that on the date of his compulsory retirement his age was 46 years only. Comments?

Ans 2203  The contention of the employee is in accordance with the provision of 3(1) of the Punjab Civil Services (Premature Retirement) Rules, 1975, vide which a Govt employee cannot be retired prematurely unless he has attained the age of 50 years, or he has 25 years qualifying service. Both conditions were not fulfilled.

Ques 2204 The State Govt. retired prematurely a Junior Engineer of Irrigation Deptt. who has more than 25 years qualifying service but went on strike by giving him a sum equivalent to his pay and allowances for 3 months. Comments?

Ans 2204 The action of the State Govt. is in accordance with the provisions of rule3(1) of Punjab Civil Services Premature Retirement Rules, 1975, vide which it is in public interest to retire a Govt. employee who participates in strike which is against the Punjab Govt employees (Conduct) Rules,1970.

Ques 2205 A Govt. employee was served with 3 months notice for compulsory retirement due to bad record. After a month the Competent Authority has decided to retire him immediately. Comments?

Ans 2205 As per provisions of Proviso to rule3(1) of Punjab Civil Services (Premature Retirement) Rules, 1975, the Competent Authority has to pay an amount equal to two months pay and allowances to the employee before retiring him.

Ques 2206 Pleas state the minimum period of notice required for voluntary retirement?

Ans 2206 As pes provisions of rule 3(2) of Punjab Civil Services (Premature Retirement) Rules, 1975, a notice for a period of not less than 3 months is required for voluntary retirement.

Ques 2207 A Competent Authority accepted a notice of one month only instead of 3 months in a case of voluntary retirement. Comments?

Ans2207 The action of the Competent Authority is in accordance with the provisions of note1 below rule  3(4) of Punjab Civil Services (Premature Retirement) Rules, 1975, vide which a notice of less than 3 month period can be accepted by the Competent Authority if it is satisfied with reasons and curtailment will not cause any administrative inconvenience.

Ques 2208 When can Govt employee retire voluntarily from service. Whether approval of Competent Authority is required for voluntarily retirement and who is that authority?

Ans 2208  As per provisions of rules 3(2) & 3(3) of Punjab Civil Services (Premature Retirement) Rules. 1975, Govt employee can seek voluntary retirement when he completes 25 years qualifying service or attains the age of 50 years or when he has completed 20 years qualifying service. The approval of Competent Authority is required in case of voluntarily retirement. The Competent Authority in such a case is Appointing Authority vide rule 2(1) ibid.

Ques 2209 Please state whether a Govt. employee under suspension can seek voluntary retirement?

Ans 2209 As per provisions of proviso to rule 3 (2) of Punjab Civil Services (Premature Retirement) Rules, 1975, no Govt employee under suspension shall retire from service without the specific approval of the Competent Authority.

Ques 2210 Please state the benefits admissible to a Govt employee who seek voluntary retirement?

Ans 2210 As per provisions of rule 4(2) of Punjab Civil Services (Premature Retirement) Rules, 1975, a weightage of 5 years qualifying service will be allowed to a Govt employee who seek voluntary retirement, but this period of 5 years will be restricted to the period if the employee has retired on superannuation or the total qualifying service so increased shall not exceed 33 years.

Ques 2211 A Govt. employee applied for voluntary retirement at the age of 56 years. His qualifying service on that day was 25 years. He requested that pension and DCRG may be allowed on the basis on 30 years’ service by giving the weightage period of 5 years. Comments?

Ans 2211 The request of the Govt employee is against the provisions of rule 4(2)(1) of Punjab Civil Services (Premature Retirement) Rules,1975 vide which benefit of two years qualifying service only is admissible in this case instead of 5 years that is equal to the period remaining in superannuation Pension and DCRG on the basis of 27 years qualifying service will be admissible.

Ques 2212 A Govt. employee retired compulsorily due to bad record. He requested for the grant of weightage period of 5 years additional service as admissible in the case of voluntary retirement Comments?

Ans 2212 The request of the Govt. employee is against the provisions of rule 4(2)(0) of Punjab Civil Services (Premature Retirement) Rules, 1975 vide which weightage of 5 years’ service is not admissible to the employee retired compulsorily in public interest.

Ques 2213 Please state whether Punjab Civil Service (Premature Retirement) Rules 1975 are applicable to ALL INDIA SERVICE Officers?

Ans 2213 Vide rule 7 of Punjab Civil Services (Premature Retirement) Rules, 1975, these rules are not applicable to All India Services (ALL INDIA SERVICE).

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