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Compulsory Retirement As A Measure of Punishment
Compulsory Retirement As A Measure of Punishment
MEASURE OF PUNISHMENT
An employee may be retired compulsorily as a measure of punishment. The
authorities, who propose to impose the punishment of compulsory
retirement, shall satisfy themselves, after verifying the service Book of the
employee concerned, that he has put in not less than 10 years of qualifying
service, to make him eligible for pension. Any order passed without
ascertaining the fact whether he is entitled to draw pension, will be bad in
law.
The Government has no say regarding the review as well as appeal in respect
of the employees of the T.N.E.B. compulsorily retired. The Board itself is
competent to review and examine the appeals of compulsorily retired
employees.
Even though the period between the dates of compulsory retirement and
reinstatement is treated as duty, deputation allowance and additional
charge allowance need not be given to an employee, who was on
deputation or holding additional charge on the date of compulsory
retirement.
The employees of the Board, who are retired compulsorily from service as a
measure of punishment, are permitted to en cash the Earned leave at their
credit on the date of such compulsory retirement, subject to a maximum of
240 days.
A reinstated person may be required to repay any amount paid to him from
G.P.F. with interest thereon and the amount so repaid shall be credited to his
account in the G.P.F.
D.C.R.G. already paid shall be adjusted against the pay and allowances
admissible to the extent possible. The balance D.C.R.G. may be allowed to
be retained by the employee on payment of simple interest as prescribed for
G.P.F. for the corresponding period. The amount to be retained will be
adjusted against the final D.C.R.G. becoming due on final retirement and the
balance, if any, paid to him.
The bench made the observation while upholding an appeal filed by Rajasthan
State Road Transport Corporation against the state high court order setting aside
the compulsory retirement given to one of its drivers.
The driver was given compulsory retirement considering his adverse career record
from 1978-90.
He had moved Rajasthan High Court which set aside the compulsory retirement
saying adverse service record pertaining to the period 1978-90 being old and stale
could not be taken into consideration at all for retiring him.
The apex court bench, however, said entire service record is relevant for deciding
as to whether the government servant needs to be eased out prematurely.
In such cases, if it is decided to hold a further inquiry and thus deem the
Government servant to have been placed under suspension from the date of
dismissal/removal/compulsory retirement under Rule 10(3) or (4) of the CCA
Rules, the Government servant will be paid the subsistence allowance from the
date he is deemed to have been placed under suspension under FR 53.
Fundamental rule 54(1)
(1) When a Government servant who has been dismissed, removed or
compulsorily retired is re-instated as a result of appeal review or would have been
so re-instated 9 [but for his retirement on superannuation, while under suspension
or not], the authority competent to order re-instatement shall consider and make a
specific order:-
(a) regarding the pay and allowances to be paid to the Goverment servant for the
period of his absence from duty including the period of suspension preceeding his
dismissal, removal or compulsory retirement, as the case may be, and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) Where the authority competent to order re-instatement is of the opinion that
the Government servant who had been dismissed, removed or compulsorily retired
has been fully exonerated, the Government servant shall, subject to the provisions
of sub-rule (6), be paid full pay and allowances to which he would have been
entitled, had he not been dismissed, removed or compulsorily retired or suspended
prior to such dismissal, removal or compulsory retirement, as the case may be:
Provided that where such authority is of opinion that the termination of the
proceedings instituted against the Government servant had been delayed due to
reasons directly attributable to the Government servant, it may, after giving him an
opportunity to make his representations 10 [within 60 days from the date on which
the communication in this regard is served on him] and after considering the
representation, if any submitted by him, direct for reasons to be recorded in
writing, that the Government servant shall, subject to the provisions of sub-rule
(7),be paid for the period of such delay, only such amount 11 [not being the whole]
of such pay and allowances as it may determine.
(3) In a case falling under sub-rule (2), the period of absence from duty including
the period of suspension proceeding dismissal, removal or compulsory retirement,
as the case may be shall be treated as a period spent on duty for all purposes.
(4) In the cases other than those covered by sub-rule (2) including the cases where
the order of dismissal, removal or compulsory retirement from service is set aside
by the Appellate or Reviewing Authority solely on the ground of non-compliance
with the requirements of Clause (2) of Article 311 of the Constitution and no
further enquiry is proposed to be held, the Government servant shall subject to the
provision of sub-rules (6) and (7), be paid such 12 [amount (not being the whole)
of the pay and allowances] to which he would have been entitled had he not been
dismissed, removed or compulsorily retired or suspended prior to such dismissal,
removal or compulsory retirement, as the case may be, as the competent authority
may determine, after giving notice to the Government servant of the quantum
proposed and after considering the representation, if any, submitted by him in that
connection within such period 13 [which in no case shall exceed sixty days from
the date on which the notice has been served] as may be specified in the notice:
Fundamental Rule 54 -A
Where the dismissal, removal or compulsory retirement of a Government
servant is set aside by a Court of Law and such Government servant is re-
instated without holding any further enquiry, the period of absence from
duty shall be regularised and the Government servant shall be paid pay and
allowance in accordance with the provisions of sub-rule (2) or (3) subject to
the directions, if any, of the court.
(ii) The period intervening between the date of dismissal, removal or compulsory
retirement including the period of suspension preceding such dismissal, removal or
compulsory retirement, as the case may be and the date of judgement of the court
shall be regularised in accordance with the provisions contained in sub-rule (5) of
Rule 54.]
Conclusion :
Electronic resources:
http://legalperspectives.blogspot.in/2010/09/compulsory-
retirement-concept.html
http://www.sck.tnerwa.org.in/retirementregulations.html
http://www.mptreasury.org/mpt/public/policyrules/fr/frch9.pdf
Abbreviations:
TNEB - Tamil Nadu Electricity Board
HRA- House Rent Allowance
CCA-Capital Cost Allowance
GPF-General provident fund
DCRG-Death cum Retirement Gratuity
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