Rule 56 - Date of Birth

F.R. 56

(a) Except as otherwise provided in this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:

Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.

Provided further that a Government servant who has attained the age of fifty-eight years on or before the first day of May, 1998 and is on extension in service, shall retire from the service on expiry of his extended period of service.

or on the expiry of any further extension in service granted by the Central Government in public interest, provided that no such extension in service shall be granted beyond the age of 60 years.

(b) A workman who is governed by these rules shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.

NOTE.—In this Clause, a workman means a highly skilled, skilled, semiskilled, or unskilled artisan employed on a monthly rate of pay in an industrial or work-charged establishment.

(bb)

(i) The age of superannuation in respect of the doctors belonging to–

(i) Central Health Service;

(ii) Indian Railways Medical Service;

(iii) AYUSH and working under the Ministry of AYUSH;

(iv) Civilian doctors under the Directorate General of Armed Forces Medical Service;

(v) Medical Officers of the Indian Ordnance Factories Health Service;

(vi) Dental Doctors under the Department of Health and Family Welfare;

(vii) Dental doctors under the Ministry of Railways; and

(viii) General Duty Medical Officers, Specialist Grade doctors and Teaching Medical Faculty working in Bhopal Memorial Hospital and Research Centre;

shall be sixty-two years unless they exercise the option of posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy depending on their expertise and experience, as decided by the competent authority in the concerned Ministry or Department from time to time, in case they desire to continue in their service upto the age of sixtyfive years:

Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-cadre of Central Armed Police Forces and Assam Rifles and Specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years.

(ii) The serving doctors belonging to the services referred to in sub-clause

(i) who have either already attained the age of sixty-two years or attaining the age of sixty-two years within six months from the date of publication of these amendment rules in the Official Gazette, may exercise their option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018.

(iii) The serving doctors who fail to exercise the option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within the period specified in sub-clause (ii), shall be superannuated form their service on attaining the age of sixty-two years or on expiry of a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018, whichever is later.

(bbb) the age of superannuation in respect of nursing teaching faculty with M.Sc. in Nursing in the Central Government Nursing Institutions shall be 65 years subject to the condition that they continue to function as faculty members after the age of 60 years.

(c) Deleted.

(cc) Deleted.

(d) No government servant shall be granted extension in service beyond the age of retirement of sixty years:

Provided that a Government servant dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period of time may be granted extension of service for a period not exceeding three months in public interest;

Provided further that a specialist in medical or scientific fields may be granted extension of service up to the age of sixty-two years, if such extension is in public interest and the grounds for such extension are recorded in writing:

Provided also that an eminent scientist of international stature may be granted extension of service up to the age of 64 years, if such extension is in public interest and the grounds for such extension are recorded in writing.

Provided also that notwithstanding anything contained in any rule, the Central Government may, if considered necessary in public interest so to do, give extension in service to a Cabinet Secretary in the Central Government for such period or periods as it may deem proper subject to the condition that his total term as such Cabinet Secretary does not exceed four years.

Provided also that the Central Government may, if it considers necessary in public interest so to do, give extension in service to the Defence Secretary, Foreign Secretary, Home Secretary, Director of Intelligence Bureau, Secretary of Research and Analysis Wing and Director of Central Bureau of Investigation appointed under the Delhi Special Police Establishment Act, 1946 (25 of 1946) and Director of Enforcement in the Directorate of Enforcement appointed under the Central Vigilance Commission Act, 2003 (45 of 2003) in the Central Government for such period or periods as it may deem proper on a case-to-case basis for reasons to be recorded in writing, subject to the condition that the total term of such Secretaries or Directors, as the case may be, who are given such extension in service under this rule, does not exceed two years or the period

provided in the respective Act or rules made thereunder, under which their appointments are made.

Provided also that notwithstanding anything contained in the fifth proviso, the Central Government may, if considers it necessary, in public interest, so to do, give an extension in service for a further period not exceeding three months beyond the said period of two years to the Home Secretary and the Defence Secretary.

Provided also that notwithstanding anything contained in the fifth proviso, the Central Government may, if considers necessary, in public interest, so to do, give an extension in service for a further period not exceeding one year beyond the said period of two years to the Foreign Secretary.

Provided also that, the Central Government may, if considered necessary in public interest so to do, give extension of service to the Secretary, Department of Space and the Secretary, Department of Atomic Energy, for such period or periods as it may deem proper subject to a maximum age of 66 years.

Provided also that the Appropriate Authority shall have the right to terminate the extension of service before the expiry of such extension by giving a notice in writing of not less than three months in the case of a permanent or a quasi-permanent Government servant, or, of one month in the case of a temporary Government servant, or pay and allowances in lieu of such notice.

(e)

(f) (ff) Deleted

(g)

(h)

(i) A Military officer in a Civil Department shall cease to be in civil employment on the date he attains the age of sixty years.

(j) Notwithstanding anything contained in this rule, the Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do,

have the absolute right to retire any Government servant by giving him notice of less than three months in writing or three months’ pay and allowances in lieu of such notice:

(i) If he is,in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years;

(ii)in any other case after he has attained the age of fifty-five years; (jj)

(i) 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 the grant of leave of the kind due and admissible, including extraordinary leave, or by treating it as dies non depending upon the facts and circumstances of the case:

Provided that the intervening period shall be treated as a period spent on duty for all purposes including pay and allowances, if it is specifically held by the authority ordering reinstatement that the premature retirement was itself not justified in the circumstances of the case, or, if the order of premature retirement is set aside by a Court of Law.

(ii) Where the order of premature retirement is set aside by a Court of Law with specific directions in regard to regulation of the period between the date of premature retirement and the date of reinstatement and no further appeal is proposed to be filed, the aforesaid period shall be regulated in accordance with the directions of the Court.

(k)(1) Any Government servant may, by giving notice of not less than three months in writing to the appropriate authority, retire from service after he has attained the age of fifty years, if he is in Group ‘A’ or Group ‘B’ service or post, (and had entered Government service before attaining the age of thirty-five years), and in all other cases after he has attained the age of fifty–five years:

Provided that— (a)Not printed (since clause

(e) has been Deleted) (b)nothing in the clause shall also apply to a Government servant, including scientist or technical expert who

(i) is on assignment under the Indian Technical and Economic Co-operation (ITEC) Programme of the Ministry of External Affairs and other aid Programmes,

(ii) is posted abroad in a foreign–based office of a Ministry/Department and

(iii) goes on a specific contract assignment to a foreign Government unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year; and

(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if—

(i) the Government servant is under suspension: or

(ii) a charge-sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

EXPLANATION.- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in criminal proceedings;

(1-A)

(a) A Government servant referred to in sub-clause (1) may make a request in writing to the Appointing Authority to accept notice of less than three months giving reasons therefor;

(b) On receipt of a request under sub-clause (1-A)(a), the Appointing Authority may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the Appointing Authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for

commutation of a part of his pension before the expiry of the period of notice of three months.

(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to that effect to the Appointing Authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority:

Provided that the request for withdrawal shall be within the intended date of his retirement.

(l) Notwithstanding anything contained in Clause (j), the Appropriate Authority shall, if it is of the opinion that it is in the public interest to do so, have the absolute right to retire a Government servant in Class III service or post who is not governed by any pension rules, after he has completed thirty years’ service by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice.

(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty years service;

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire if;

(i) the government servant is under suspension; or

(ii) a charge-sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

EXPLANATION.- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings;

NOTE 1.- ‘Appropriate Authority’ means the authority which has the power to make substantive appointments to the post or service from which the Government servant is required or wants to retire.

NOTE2.-The three months’ notice referred to in Clauses (j), (k),

(l) or

(m) may be given before the Government servant attains the age specified in Clauses

(j) and (k), or has completed 30 years of service specified in Clauses

(l) and (m), provided that the retirement takes place after he has attained the relevant age or has completed 30 years’ service, as the case may be.

NOTE 3.-In computing the notice period of three months referred to in clauses

(j) to (m), date of service of the notice and the date of its expiry shall be excluded.

NOTE4.—In case of a Government servant belonging to a State Government who is permanently transferred to Central Government service or post, or secures a post/service under the Central Government on his own volition through proper channel with proper permission of the Administrative Authority concerned, or secures post/service under the Central Government after having been retrenched from the service of a State Government, the expression ‘Government service’ referred to in Clauses

(j) and

(k) shall include service rendered under the State Government in a permanent, officiating or temporary capacity, if any, followed by a substantive appointment under the Central Government.

NOTE 5.—A Government servant, including a workman,who is granted extension of service, after he has attained the prescribed age of superannuation, shall not be promoted to another post during the period of extension.

NOTE 6.- The date on which a Government servant attains the age of fiftyeight years or sixty years, as the case may be, shall be determined with reference to the date of birth declared by the Government servant at the time of appointment and accepted by the Appropriate Authority on production, as far as possible, of confirmatory documentary evidence such as High School or Higher Secondary or Secondary School Certificate or extracts from Birth Register. The date of birth so declared by the Government servant and accepted by the Appropriate Authority shall not be subject to any alteration except as specified in this note. An alteration of date of birth of a Government servant can be made, with the sanction of a Ministry or Department of the Central Government, or the Comptroller and Auditor-General in regard to persons serving in the Indian Audit and

Accounts Department, or an Administrator of a Union Territory under which the Government servant is serving, if-

(a)a request in this regard is made within five years of his entry into Government service; (b)it is clearly established that a genuine bona fide mistake has occurred; and

(c) the date of birth so altered would not make him ineligible to appear in any School or University or Union Public Service Commission examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date on which he entered Government service.

NOTE 7.- Not printed. ***** CHAPTER X

Leave [F.Rs. 58 to 104 —Not Printed] Please refer to CCS (Leave) Rules, 1972. CHAPTER XI

JOINING TIME [F. Rs 105 to 107- Not Printed] Please refer to CCS (Joining Time) Rules, 1979.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Date of birth declared at appointment is the primary reference.
• 2Declaration must be supported by documentary evidence.
• 3Alteration of date of birth is generally not permitted.
• 4Alteration requires sanction from the relevant Ministry/Department or the Comptroller and Auditor-General.
• 5The rule applies to all Central Government employees.

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.