In exercise of the powers conferred by
proviso to Article 309 of the Constitution of India, the Governor of Himachal
Pradesh, in consultation with the Himachal Pradesh Public Service Commission is
pleased to make the following rules to regulate the premature retirement of
Government servants in the State of Himachal Pradesh, namely:- (1)
These
rules may be called the Himachal Pradesh Civil Services (Premature Retirement)
Rules, 2022. (2)
They
shall come into force from the date of publication in the Rajpatra (e-gazette),
Himachal Pradesh. Save as otherwise provided in these rules,
these rules shall apply to Government servants appointed to serve in connection
with the affairs of the State, but shall not apply to- (a)
the
members of the All India Services; (b)
the
persons appointed to the Secretariat Staff of the Legislative Assembly; (c)
the
persons belonging to any Judicial Services of the State; and (d)
the
persons appointed to the establishment of the High Court. In these rules, unless the context otherwise
requires- (i)
"Appropriate
Authority" means the authority which has the power to make substantive
appointments to the post or service from which the Government servants may be
retired or any other authority to which it is subordinate; (ii)
"Government
Servant" means any person appointed to public service and posts in
connection with the affairs of the State of Himachal Pradesh; (iii)
"Qualifying
Service" means service qualifying for Pension/Gratuity under Central Civil
Service (Pension) Rules, 1972 and under Rules/Regulations issued by the State
Government/Pension Fund Regulatory and Development Authority under National
Pension System, as the case may be; (iv)
"Extreme
adverse circumstances" mean adverse health/medical condition, personal
hardship, compelling family circumstances, domestic or social obligations etc. (1)
The
Appropriate Authority may, if it is of the opinion that it is in the public
interest to do so, retire any Government servant by giving him notice of not
less than three months in writing or three months pay and allowances in lieu of
such notice,- (a)
on
completion of 30 years of qualifying service; or (b)
on
attaining the age of- (i)
50
years in respect of Class-I and Class-II Officers who have entered in
Government service before attaining the age of thirty five years; and (ii)
55
years in case of all other Class-I, Class-II, Class-III and Class-IV Government
servants: Provided that where at least three months
notice is not given or notice for a period less than three months is given, the
Government servant shall be entitled to claim a sum equivalent to the amount of
his pay and allowances at the same rates at which he was drawing immediately
before the date of retirement for a period of three months or, as the case may
be, for the period by which such notice falls short of three months: Provided further that the Appropriate
Authority may at any time before the expiry of the notice period substitute for
the whole or part of the unexpired period of notice, pay in lieu thereof and
retire the Government servant forthwith on making such payment. Provided further that if on a review of the
case either on a representation from the Government servant retired prematurely
or otherwise, it is decided to reinstate the Government servant in service, the
authority ordering reinstatement may regulate the intervening period between
the date of premature retirement and the date of reinstatement by grant of leave
of the kind due and admissible, including extra ordinary leave depending upon
the facts and circumstances of the case. (2)
Any
Government servant may after giving at least three months' previous notice in
writing to the Appropriate Authority retire from service on the date on which
he, - (a)
completes
20 years of qualifying service; or (b)
completes
10 years of qualifying service, on medical grounds subject to production of
medical certificate of incapacity from the medical authority i.e. Medical Board
in the case of Gazetted Government servant and Chief Medical Officer or Medical
Officer in other cases; or (c)
completes
10 years of qualifying service, in extreme adverse circumstances; (d)
attains
the age of- (i)
50
years in respect of Class-I and Class-II Government servant who have entered
Government service before attaining the age of thirty five years; and (ii)
55
years in case of all other Class-I, Class-II, Class-III and Class-IV Government
servants: Provided that the notice of premature
retirement given under this sub-rule shall require acceptance by the
Appropriate Authority; Provided further that such notice can be
considered to be disallowed in cases of such Government servant belonging to
the category of Scientists, Technocrats, Doctors, Engineers, Educationist or
any other category of service which may fall in the category of exigencies of
services, on administrative grounds as well as in the larger interest of public
services; Provided further that where the Appropriate
Authority does not refuse to grant permission for retirement before expiry of
the period specified in the said notice, the retirement shall be deemed to be
effective from the date of expiry of the said period; Provided further that it shall be open to the
Appropriate Authority to withhold/deny permission to the Government servant who
seeks premature retirement under these rules in the following circumstances
except with the specific approval of the Appropriate Authority:- (i)
if
the Government servant is under suspension; or (ii)
if
a charge sheet has been issued and the disciplinary proceedings are pending; or (iii)
if
judicial proceedings on charges which amount to grave misconduct, are pending. (3)
(a)
notwithstanding anything to the contrary contained in sub-rule (2), a
Government servant may make a request in writing to the appropriate authority
to accept retirement notice of less than 3 months giving reasons therefor; (b) on receipt of a request under clause (a)
the appropriate authority subject to the provision of rule-4(2), may consider
such request for the condonation/curtailment of the period of notice of 3
months on merits and if it is satisfied that curtailment/condonation of the
period of notice will not cause any administrative inconvenience. (1)
The
Government servant appointed on regular basis on or before 14.05.2003 who is
retired or is likely to be retired under rule 4 of the said rules, shall be
allowed pension and other retirement benefits in accordance with CCS (Pension)
Rules, 1972. Other service benefits viz. leave encashment/GIS etc. will be
worked out under the rules as applicable to the Government servant. (2)
The
Pension and Gratuity of Government servant appointed on or after 15.05.2003 and
who is retired or is likely to be retired under rule 4 of these rules, shall be
allowed the Pension (Annuity) in accordance with Pension Fund Regulatory and
Development Authority Regulations and the Gratuity shall be paid as per the
State Government instructions issued from time to time. Other service benefits
viz. leave encashment/GIS etc. will be worked out under the rules as applicable
to the Government servant. The provisions of these rules shall have
effect notwithstanding anything inconsistent therewith contained in any other
rules for the time being in force. (i)
The
Himachal Pradesh Civil Services (Premature Retirement) Rules, 1976 notified
vide Notification No. Per (AP-II)-B (2)-15/75, dated 21st February, 1976 as
amended from time to time are hereby repealed. (ii)
Notwithstanding
such repeal, any action taken or anything done under the rules so repealed
shall be deemed to have been validly made or done or taken under these rules. Where the State Government is of the opinion
that it is necessary or expedient to do so, it may, by order for reasons to be
recorded in writing and in consultation with the Himachal Pradesh Public
Service Commission relax any of the provision(s) of these rules. If any question arises as to the
interpretation of any of the provisions of these rules, the matter shall be
referred to the Government in the Department of Personnel for decision.HIMACHAL
PRADESH CIVIL SERVICES (PREMATURE RETIREMENT) RULES, 2022
PREAMBLE