IREC Rule No.1801: Retirement On Superannuation
1801. Retirement On Superannuation (FR-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 01.05.1998 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 in force, 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: RBE No.103/1998, No.E(P&A)I/98/RT-6, 14.05.1998, ACS No.26 R-II, RBE No.159/1998, No.E(P&A)I/98/RT-6, 22.07.1998, ACS No.27 R-II and, RBE No.193/1998, No.E(P&A)I/98/RT-6, 31.08.1998, ACS No.29 R-II]
(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: RBE No.139/1999, No.E(G)97/RT1/1, 07.07.1999, ACS No.44 R-II]
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 enquiries 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 event 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.