IREC Rule No.1805: Reinstatement After Retirement
1805. Reinstatement After Retirement:-
(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 after retirement 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 dies non depending upon the facts and circumstances of the case:
Provided that the intervening period between the date of retirement and the date of reinstatement after retirement 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 after retirement 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 after retirement and no further appeal is proposed to be filed, the aforesaid period shall be regulated in accordance with the directions of the Court.
Note:
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.
Appointing Authority means the authority competent to make the first appointment to the grade which the railway servant for the time being holds.
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.
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.
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:
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.
[GOI O.M.No.33/6/56-Ests.(A), 10.12.1965]
(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.
[GOI O.M.No.19050/8/76-E.IV(B), 21.02.1977]
(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), 25.02.1984, 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 there under. 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.
[GOI O.M.No.25013/31/83-Estt. (A), 30.03.1984]
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.