Voluntary Retirement – A Decision of self retirement
Introduction of a Pre-mature Retirement or Voluntary Retirement Scheme
Every Government employee is entitled to pensionary benefits after retirement, provided he fulfills eligibility conditions as laid down in Punjab civil service rules. The Punjab Government had announced a Voluntary Retirement Scheme (VRS) under Article 309 of the Constitution of India with the approval of the central government. These rules called as Punjab civil services (Pre-Mature Retirement) rules 1975. Pre mature retirement rules / voluntary retirement will be applicable to the permanent employees, work charged established and temporary workers but not to the casual workers. There will be no recruitment against vacancies arising due to VRS.
Condition of Pre-mature retirement or voluntary Retirement –
An employee by giving prior notice in writing who has attained the age of 50 years or completes the fifteen years or twenty years or twenty five years or thirty years or thirty five years, as case may be of qualifying service by giving a notice of not less than three years, in writing, direct to the appointing authority. Before giving such notice he may satisfy himself by means of a reference to such authority, that he has completed the required minimum number of years or qualifying service.
Three months’ notice is mandatory –
A government employees who completed the age of 50 years and period qualifying service may apply for voluntary retirement/ pre mature retirement by moving application to the competent authority where at least three months’ notice is given and if the employee need to retire before the three months period then he submitted to reason to the authority for waiving period three months. If the authority is satisfied that such wavier will not cause any administrative inconvenience it may relax the requirement of notice of three months on the condition that the employee shall not apply for commutation of a part of his pension before the expiry of the notice period of three months.
When authority not give any response –
As per the Punjab civil service rule, when the competent authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice,the retirement shall become effective from the date of expiry of the said period.
Whether Employee under suspension apply for pre mature retirement/Voluntary retirement –
No employee under suspension shall pre mature retire/voluntary retire from the service except with the specific approval of the appropriate authority. A question has arisen whether an employee against whom departmental proceedings for disciplinary action are pending, but who has not been placed under suspension, can seek premature retirement under the rules by giving the notice prescribed in rules ibid without specific approval of the competent authority. It is clarify that under the rules there is no bar to a government employee retiring voluntary by giving the requisite notice period, but it is necessary to issue formal orders of retirement in such cases.
Withdrawal of notice of voluntary retirement
The Government service is not contractual. It is a service which confers status and a person who opts for voluntary retirement and later on wants to revoke the same before the expiry of the period of notice has to satisfy the authorities why he is seeking to revoke the notice of voluntary retirement. The Rules clearly states that the incumbent can seeks withdrawal of the notice of voluntary retirement but with the specific approval of the authorities. Therefore, as per Punjab civil service Rules specific approval of the authority is required for withdrawal of the notice of voluntary retirement. If the incumbent does not provide any reason or material for revoking his notice of voluntary retirement then it is always open for the authority to decline the request for withdrawal of notice of voluntary retirement. If such discipline is not read into the Rule then perhaps every employee can send a notice for voluntary retirement and revokes the same at his sweet will. This cannot be permitted. The Rule mandates that there should be a specific approval of the appointing authority. Clearly, the Rule provides that the appointing authority can certainly approve or disapprove a request for withdrawal of notice of voluntary retirement.