Instructions to regulate voluntary retirement.

(1) Instructions to regulate voluntary retirement. - The following instructions will regulate the voluntary retirement of Central Government servants :- (i) Retirement without returning to duty while on Leave not due. - If a Government servant retires under the scheme of voluntary retirement while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave not due shall be recovered as provided in Rule 31 of the CCS (Leave) Rules, 1972. (ii) Verification of qualifying service before giving notice. - Before a Government servant gives notice of voluntary retirement with reference to Rule 48-A, of CCS(Pension) Rules 1972 he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact, completed twenty years' service qualifying for pension. In order to ensure the correctness of the length of qualifying service for pension under the new scheme, it has been decided that the instructions contained in DP & AR's OM-No 25013/14/77-estt(A) dated 5th January 1978, as amended from time to time, shall be followed. (iii) Guidelines for acceptance of notice. - A notice of voluntary retirement given after completion of twenty years' qualifying service will require acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him [e.g., FR 56 (k), Rule 48 of the CCS(Pension) Rules,1972, Article 459 of CSRs or any other similar rule]. Such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group `A' and Group `B' Government servants and that of the Head of the Department in the cases of Group `C' and Group `D' Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless, the competent authority issues an order to the contrary before the expiry of the period of notice. (iv) Pension subject to future good conduct. - The pension will be subject to the provisions of Rules 8 and 9 of CCS(Pension) Rules, 1972.these Rules. (v) Availing leave standing to credit along with notice period. - A Government servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice. [G.I., Dept. of Per. & A.R., O.M. No. 25013/7/77-Estt. (A), dated the 26th August, 1977, O.M. No. 25013/3/79-Ests. (A), dated the 28th July, 1979 and O.M. No. 25013/10/85-Estt. (A), dated the 5th July, 1985, DP & T 's OM No. 25013/3/2003-Estt. A dated 17th June 2003 Extra-ordinary leave is not termed as leave standing to his credit and therefore, it can not run correctly with the period of notice given by him for seeking voluntary Retirement. In case, a Government servant applies for voluntary Retirement while already on extra-ordinary leave other than on medical ground, the notice period need not be insisted upon and has request may be accepted with immediate effect provided he is clear from vigilance angle. However, If a Government servant while already on extra-ordinary leave on medical ground, applied for voluntary retirement, the notice period , if any given may be accepted and he may be allowed to retire after the expiry of the notice period subject to vigilance clearance. 2. Temporary employees are also eligible to seek volunteer Retirement on completion of 20 years qualifying service refer tp Rule 10 of CCS(TS) Rules, 1965.