IREC Rule No.1803: Premature Retirement – Retirement On Completion Of Qualifying Service
1803. Premature Retirement – Retirement On Completion Of Qualifying Service:-
(a) Retirement In Public Interest: 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) Voluntary Retirement:
(1) A railway servant who is governed by any of the pension rules, may seek Voluntary Retirement 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.
(2) A railway servant, referred to in Sub-rule (b)(1) may make a request in writing for Voluntary Retirement 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: RBE No.110/1992, No.E(P&A)I-92/RT-5, 13.07.1992, ACS No.17 R-II]
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.
The Public Interest and Appointing Authority should be disclosed and annexed with the ‘Premature Retirement Order’, issued by the concerned Department of Railway.