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Rule 42 - Retirement | KartavyaDesk

CCS Pension

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.

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

  • •Appointing authority can require retirement after 30 years of qualifying service.
  • •Retirement must be in the 'public interest'.
  • •Employee is entitled to a retiring pension as per Rule 44.
  • •This is not a dismissal, but a form of retirement.
  • •The 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.

Frequently Asked Questions

What does 'public interest' mean in the context of Rule 42?▼
'Public interest' is a broad term but generally refers to the overall benefit and efficiency of the government. It could include factors like improving performance, restructuring departments, or addressing issues related to integrity or competence.
Can I appeal if I am retired under Rule 42?▼
While there isn't a specific appeal process outlined in Rule 42, you may have recourse through administrative tribunals or courts depending on the specific circumstances and grounds for appeal. Consult with a legal professional for specific advice.
How is my pension calculated if I am retired under Rule 42?▼
Your pension is calculated according to Rule 44 of the CCS (Pension) Rules, 2021. This rule considers your last drawn salary, qualifying service, and other relevant factors to determine the pension amount.
Is there a minimum pension guaranteed under Rule 42?▼
Yes, there is a minimum pension guaranteed. The specific amount is subject to periodic revisions by the government. Refer to the latest orders and circulars issued by the Department of Pension & Pensioners' Welfare for the current minimum pension amount.
Does Rule 42 apply to all government employees?▼
Rule 42 applies to all government servants who are covered under the CCS (Pension) Rules, 2021, and have completed 30 years of qualifying service.

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?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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