Wednesday 3 July 2019

Compulsory Retirement: FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972

Compulsory Retirement: FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972

Compulsory Retirement: FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972

Compulsory Retirement Pension

This is admissible to a Government servant who is retired as a measure of penalty by the competent authority. The amount of this Pension or Gratuity or both shall not be less than two-third and not more than full  compensation pension that could be sanctioned to a Government servant on the date of such retirement. Date of retirement is the date on which penalty becomes effective. [Rule 40]

CCS FR 56(j) Rule is high sensitive for Central Government employees attained 50 and 55 years of age

The appropriate authority has the absolute right to retire, if it is necessary to do so in public interest, any Government employee as per provisions of Rules as under :-
FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972 

Group ‘A & B’ officers: iii. Entered service before 35 years of age
iv. Attained 50 years of age Other cases: Attained 55 years of age 56
(e) a Govt. Servant in Group ‘C’ of post who is not governed by any Pension Rules, can also be retired after he has completed 30 years service.
All Government servants covered by CCS (Pension) Rules, 1972 who have completed 30 years of qualifying service.
Notice Period
3 months or
3 months pay and allowances in     lieu thereof

The cases of Government servant covered by FR 56(j) or Rule 48 of CCS (Pension) Rules, 1972 should be reviewed six months before he attains the age of 50/55 years or completes 30 years service, whichever occurs earlier in cases covered by FR 56(j) and 30 years of qualifying service under Rule 48 of CCS(Pension) Rules, 1972.

Time Schedule for review is as under:-
Quarter in which review is to be made
 Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter.
January to  March
July to September of the same year
April to June
October to December of the same year
July to September
January to March of the next year
October to December
April to June of the next year

A register of employees who are due to attain the age of 50/55 years or complete 30 years of service to be maintained. The register should be scrutinized at the beginning of every quarter by a senior officer in the Ministry / Department and the review undertaken according to the above schedule.

Note : Compulsory Retirement as a penalty under CCS (CCA) Rules, 1965 is distinct from the above provisions.

All India Service: A Member of All India Services can be compulsorily retired in terms of Rule 16(3) of AIS (DCRG) Rules, 1958. On completion of fifteen years or twenty five years of qualifying service or attains the age of fifty years on any date thereafter. Detailed procedure is indicated in the annexed copy of DoPT letter No.25013/02/2005-AIS.II dated 28.6.2012


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