In a case taken up with the Ministry of Finance for waiving of the requirement of three months notice period for voluntary retirement, they have drawn our attention to the Ministry of Home Affairs (Deptt. of Personnel & Administrative Reforms) Notification No.31/3/80-Pension Unit dated the 5th March,81 (Copy not printed) according to which the Appointing Authority is competent to relax the requirement of three months notice if it is satisfied that curtailment of notice period will not cause any administrative inconvenience. This will, however, be on the condition that the Govt. servant shall not apply for commutation of a part of pension before the expiry of the period of notice of three months.
You are, therefore, requested to dispose off such cases, in future, in the light of the above orders at your end. The cases where the Directors/Heads of National Labs./lnstts. are not the Appointing Authority, may continue to be referred to the CSIR. These instructions supersedes CSIR orders contained in its letter No.7(33)12/64-E-II dated 19-7-80.
(CSIR letter No.5(3)/81 -E-II, dated 17th Oct. 1981)
GUIDELINES FOR PROCESSING REQUESTS FOR WITHDRAWAL OF NOTICE OF VOLUNTARY RETIREMENT BY CSIR EMPLOYEES.
The following provisions exist in the CCS (Pension) Rules, 1972 whereby an employee of CSIR can see voluntary retirement by giving three months notice.
Rule 48 of CCS (Pension) Rules applies to cases where CSIR Employees have already completed 30 years qualifying service;
Rule No.48 (A) as (Pension) Rules applies to CSIR employees who have completed 20 years of qualifying service;
The above Rules also provide that a Government/ Council Servant who has elected the above Rule and has given the necessary intimation to that effect to the Appointing Authority shall be precluded from withdrawing his request subsequently except with the specific approval of such authorities.
In order to bring uniformity in approach to such type of cases the following Guidelines are laid down for consideration by the Appointing Authority
(1) Request for withdrawal of notice shall in no case be accepted if it is received after the expiry of the notice period or the intended date of voluntary retirement;
(2) Request for withdrawal of notice of voluntary retirement if made within the intended date of retirement will not normally be accepted',
Where the vacancy to be caused by voluntary retirement of the employee has already been filled up;
In case where orders to fill up the vacancy to be caused on such retirement on regular basis have already been issued; and the post has been advertised.
In cases where the service records of an employee who has sought voluntary retirement does not justify for his further retention in CSIR service.
In cases where the voluntary retirement has been sought without specifying any reason.
In all cases where there is no material change in the circumstances which have been specifically mentioned in the notice.
(3) Except in the cases mentioned above, the Appointing Authority may consider withdrawal of notice for voluntary retirement in all other cases on merits.