Quitting Service Other than
Retirement
Voluntary Retirement
As per Swamy's FR & SR, Part-I and
Pension Compilation
Voluntary Retirement – Basic Provision
• An employee has the right to retire and get
pensionary benefits by giving three months'
notice to the Appointing Authority.
Eligibility Conditions
• After attaining the age of 50 years: Group 'A'
and 'B' Officers who entered service before 35
years.
• • After attaining the age of 55 years: Group 'A'
and 'B' Officers other than above; All Group 'C'
employees.
• • On completion of 30 years qualifying service:
All employees.
Effectiveness of Notice
• Retirement becomes effective on expiry of
notice period.
• • Unless under suspension or
disciplinary/judicial proceedings are pending,
or charges of grave misconduct exist.
Rule 43 – 20 Years of Qualifying Service
• Employees can retire voluntarily after 20 years
of qualifying service.
• • By giving three months' notice, requiring
acceptance by the Appointing Authority.
Acceptance of Notice
• Retirement takes effect after notice period
unless refused before expiry by Appointing
Authority.
Extraordinary Leave Clause
• If notice is given while on extraordinary leave
(not on medical grounds),
• • Notice period need not be insisted upon.
• • Request may be accepted immediately – GID
(1), Rule 43.
Withdrawal of Notice
• Notice can be withdrawn with Appointing
Authority's permission.
• • Must be done not less than fifteen days
before intended retirement date – Rule 43, FR
56.
Acceptance of Short Notice
• Appointing Authority may accept notice of less
than three months.
• • But pension commutation can be applied for
only after expiry of normal 3-month notice
period – FR 56, Rules 42 and 43.
Timing of Notice
• Notice can be given before attaining specified
age or completing qualifying service.
• • But retirement takes effect only after
reaching prescribed age or service – Note 2,
FR 56.
VRS on Disability – Legal Rights
• If a Govt. servant seeks VRS due to disability,
unaware of protection under Section 47, PWD
Act, 1995,
• • Superior officers must explain legal rights
under Section 47.
PWD Act, 1995 – Duty of Officers
• Employee must be enabled to decide whether
to continue or retire.
• • Awareness of legal protection is essential
before acting on voluntary retirement.
RPWD Act, 2016 – Medical Grounds
• If VRS notice is on medical grounds or due to
disability,
• • Authorities must examine coverage under
Section 20(4) of RPWD Act, 2016.
Advice to Employee
• If covered under Section 20(4), employee
must be advised of option to continue in
service
• • With same pay scale and service benefits.
Reconsideration of VRS
• If employee withdraws VRS notice, case to be
handled as per RPWD Act provisions.
Final Decision of Employee
• If employee still insists on VRS after advice,
• • Request to be processed per applicable rules
and OM dated 7-9-2020.
FR 56 & Rule 42
• These provisions define general VRS
framework including misconduct and
suspension conditions.
FR 56 & Rule 43 – Special Considerations
• Specific provisions on timing, notice period,
and acceptance of early VRS.
Appointing Authority's Discretion
• Authority holds right to accept short notice or
reject retirement if disciplinary issues are
present.
Legal Implications of Disability-related VRS
• Emphasizes duty of care by superior officers
under disability-related statutes.
Summary of Rules and Acts
• FR 56, Rule 42 and 43, PWD Act 1995, RPWD
Act 2016, OM dated 7-9-2020 govern
voluntary retirement processes.
