This 1969 notification details amendments to the Fundamental Rules regarding the retirement of government servants. It outlines provisions for compulsory retirement in the public interest, allowing authorities to retire Class I and II officers after age 50 (or 55 for others), and Class III officers after 30 years of service. It also addresses notice periods for retirement, with options for pay in lieu of notice. Specific clauses exclude certain government servants based on their entry date into service. The rules clarify conditions under which retirement can be withheld for suspended employees and provide details on the timing of the required notice period.
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APPENDIX I
No.7(14)-IV/67-I
Government of India
Ministry of Finance
(Department of Expenditure)
New Delhi, the 17th May, 1969.
NOTIFICATION
In exercise of the powers conferred by the
provisio to Article 309 and clause (5) of Article 148
of the constitution and of all other powers enabling
him in this behalf and after consultation with the
Comptroller and Auditor General in relation to persons
serving in the Indian Audit and Accounts Department,
the President hereby makes the following rules further
to amend the Fundamental Rules, namely:-
- (i) These rules may be called the Fundamental
(Third Amendment) Rules, 1969.
(ii) They shall come into force on the date of
their publication in the Official Gazette.
- In the Fundamental Rules, in rule 56 –
(1) for clauses (j) and (k) the following
clauses shall be substituted, namely:-
“(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 not less than three
months in writing or three months’ pay and
allowances in lieu of such notice:
(i) if he is in Class I or Class II service or
post the age limit for the purpose of direct
recruitment to which is below thirty-five
years, after he has attained the age of fifty
years.
(ii) in any other case after he has attained the
age of fifty-five years.
Provided that nothing in this clause shall apply
to a Government servant referred to in clause (e) who
entered Government service on or before 23rd July, 1966
and to a Government servant referred to in clause (f).
(k) Any Government servant may by giving notice
of not less than three months in writing
…2/-to the appropriate authority retire from service after he has attained the age of fifty years if he is in Class I or Class II service or post, the age limit for the purpose of direct recruitment to which is below thirty-five years; and in all other cases after he has attained the age of fifty-five years; provided that:-
(a) nothing in this clause shall apply to a Government servant referred to in clause (a) who entered Government service on or before 23rd July, 1966 or to a Government servant referred to in clause (f); and
(b) it shall be open to the appropriate authority to withhold permission to a Government servant under suspension who seeks to retire under this clause.
(2) after clause (k), the following clauses shall be added, namely:-
“(a) 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 Class III service or 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.”
(3) for Note-2, the following Note shall be substituted, namely:-
“Note 2: The three months’ notice referred to in clauses (j)(k), (1) 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.”
Sd/-
(N.S. Chandramowli)
Under Secretary to the Govt. of India.