Rule 42 - Retirement
Original Rule Text
42. Retirement on completion of thirty years' qualifying service.- (1) At any time after a Government servant has completed a qualifying service of thirty years, he may be required by the appointing authority to retire in the public interest and in the case of such retirement, the Government servant shall be entitled to a retiring pension calculated in accordance with rule 44.
(2) The appointing authority may give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice.
(3) For retirement of a Government servant under this rule, the same procedure, as laid down by Department of Personnel and Training for retirement under rule 56 of the Fundamental Rules, 1922 shall be applicable.
Explanation.- For the purpose of this rule the expression 'appointing authority' shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.
What This Means
Rule 42 of the CCS (Pension) Rules, 2021, deals with the government's power to retire an employee after they've completed 30 years of qualifying service. Essentially, it allows the appointing authority (the person who hired you) to ask you to retire if they believe it's in the best interest of the public. This isn't about punishing an employee; it's about ensuring the government has the most effective workforce possible. The rule applies to all government servants covered under the CCS (Pension) Rules, 2021, who have reached the 30-year service mark.
If the government decides to retire you under this rule, you are entitled to a retiring pension. This pension is calculated according to Rule 44 of the same rules, which outlines the formula and factors considered when determining the pension amount. It's important to note that this is not a dismissal or termination; it's a retirement, and you are entitled to the associated benefits.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Appointing authority can require retirement after 30 years of qualifying service.
- 2Retirement must be in the 'public interest'.
- 3Employee is entitled to a retiring pension as per Rule 44.
- 4This is not a dismissal, but a form of retirement.
- 5The rule applies to all government servants covered under CCS (Pension) Rules, 2021.
Practical Example
Mr. Sharma, a Section Officer in the Ministry of Finance, has completed 32 years of qualifying service. His performance reviews have been consistently average for the past few years, and the department is undergoing restructuring to improve efficiency. The appointing authority, after careful consideration and review of Mr. Sharma's service record, decides that it would be in the public interest to retire him under Rule 42. Mr. Sharma is informed of the decision and is entitled to a retiring pension, which is calculated based on his last drawn salary and years of service, as per Rule 44. He also receives other retirement benefits as applicable. This decision allows the Ministry to bring in a more dynamic officer to lead the section.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What does 'public interest' mean in the context of Rule 42?▼
Can I appeal if I am retired under Rule 42?▼
How is my pension calculated if I am retired under Rule 42?▼
Is there a minimum pension guaranteed under Rule 42?▼
Does Rule 42 apply to all government employees?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
Under Rule 42 of the CCS (Pension) Rules, 2021, after completing how many years of qualifying service can a Government servant be required to retire by the appointing authority?