Govt mulls to execute compulsory retirement to CG employee for better administration

Govt mulls to execute compulsory retirement to Central Government employee for better administration

Compulsory Retirement to Central Government Employees on the Basis of their Efficiency may be a Difficult Task for the Government….

Recently, the Central Government had issued an order (No.25013/01/2013-Estt.A-IV) regarding strengthening of administration by executing compulsory retirement to the central government employees who are found to be inefficient, incapable or unable to fulfill the targets set by their higher authorities, after completing certain years of service.

The order brought panic among employees and questions arise how to identify those employees who are given compulsory retirement. The order was issued on the basis of CCS (Pension) Rule 56 (j) and Rule 48 which explains the above points. The government had clarified that if the order comes into effect, it won’t be treated as a punishment to the employees.

Article 311 of the Constitution of India says that the government should ensure security to an employee. As per the Rule, an employee should be well informed of any actions to be taken against him and be to given opportunity to explain on his part. But this rule is not applicable to criminal offences or against the security of the country.

The order which was released by DOPT, with some Supreme Court orders was a little bit strong than the previous ones. But it will not be an easy exercise for the government to implement the order as it has to face strong opposition from the employees, Trade Unions and Federations.

To analyze and determine employees’ efficiency was always a headache for the government. In the 6th CPC, the commission recommended special yearly increment to 20% of the central government employees in each department for outstanding performance on their field. But no such appreciations had happened so far in any of the departments.

Let us wait and see what will happen next….!

Source: http://www.govtstaffnewsportal.in

Dopt Orders - Request for Voluntary retirement from persons suffering from disability

Request for Voluntary retirement from persons suffering from disability – Dopt Orders

Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579

G.I., Dept. of Per. & Trg., O.M.F.No.25012/1/2015-Estt (A-IV), dated 19.5.2015

Subject: Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579.

The undersigned is directed say that vide Department of Personnel and Training’s OM No.18017/1/2014-Estt(L) dated the 25 th February, 2015, certain clarifications regarding treatment of leave and absence of disabled Government servants have been issued.

2. Instances have come to notice where Government servants apply for voluntary retirement under various provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972 or Rule 56 of the Fundamental Rule on account of hardships faced by them due to a disability, as they are unaware of the protection provided by the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act). Section 47 of the PwD Act, 1995 is reproduced below for reference:

“Non-discrimination in Government Employment — (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits;

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. No promotion shall be denied to a person merely on the ground of his disability;

Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section”.

3. The issue had come up in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, decided by the Hon’ble Supreme Court where the employee who had during his service suffered from blindness, had applied for voluntary retirement. The Hon’ble Supreme court has observed that the Petitioner was not aware of any protection that the law afforded him and apparently believed that the blindness would cause him to lose his job, which was the source of livelihood of his family. In those circumstances, it was the duty of the superior officers to explain to him the correct legal position and to tell him about his legal justifys.

4. Keeping in view the provisions of the Section 47 of the PwD Act, 1995 and the above mentioned judgement, it has been decided that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Government servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

5. In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 read with the Department of Personnel and Training OM dated 25th February, 2015, mentioned above. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rule.

6. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for Voluntary retirement from disabled Government servants.

Hindi version follows.

sd/-

(Mukesh Chaturvedi)

Director

Authority: www.persmin.gov.in

Voluntary retirement from persons suffering from disability – Dopt Orders