Govt amends service regulations; can retire any employee after 48 years of age or 22 years of service in ‘public interest’ - Kashmir Student Alerts

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Thursday, 22 October 2020

Govt amends service regulations; can retire any employee after 48 years of age or 22 years of service in ‘public interest’

Govt amends service regulations; can retire any employee after 48 years of age or 22 years of service in ‘public interest’

SRINAGAR: The Government of Jammu and Kashmir Union Territory, on the orders of Lieutenant Governor, has introduced certain substitutes in 226(2) Article of Jammu and Kashmir Civil Service Regulations.

A notification issued by Finance Department states that “In exercise of powers conferred under proviso to Article 309 of Indian Constitution, Lieutenant Governor has directed that Article   226(2) of Jammu and Kashmir Civil Service Regulations may be substituted as follows;

“226 (2): (a) Notwithstanding anything contained in these Regulations, Government may, if it is of the opinion that in the public interest to do so, require any Government servant other than one working on a post which is included in Schedule II of these Rules, to retire at any time after he has completed 22 years of qualifying service or on attaining 48 years of age,  provided that the Appropriate Authority shall give a notice to Government servant at least 3 months before the date on which he is required to retire or 3 months of pay and allowance in lieu of such notice.

Such a Government servant shall be granted pensionary benefits admissible under these rules on the basis of qualifying service put in by him on the date of such retirement.

The notification states that “A Government servant who is retired immediately after allowing him pay and allowances in lieu notice will be entitled to pension from the date of such retirement and the pension shall not be deferred till after the expiry of the three months for which he is paid pay and allowances.”

 Setting the Time Schedule to be followed, it stated that “the exercise of review of performance of the Government Servants will be initiated for each Government Servant for the first time after her/his completion of 22 years of Government Service  or attaining 48 years of age and any time subsequently, as may be required.” 

It further states that, ”A register of the Government servants who are due to attain the age of 48 years or to complete 22 years of service, has to be maintained by the Administrative Department. The register should be scrutinized at the beginning of every year by officers to be nominated by the Administrative Department concerned and the review be undertaken as mentioned in sub-clause (b).”

 The Government may, at any time after a Government servant has attained the age of 48 years or completed 22 years of service, as the case may be, retire him in public interest.

 It further reads that,  “There is also no bar on the Government to review any such case again where it was decided earlier to retain the officer, but the Administrative Department is of the opinion that it is expedient to undertake the review again on account of changed circumstances, in public interest.”

     The cases of Government servants for consideration under clause(a) shall be placed before the General Administration Department by Review Committee(s) constituted under clause(g) of this Regulation for placing its recommendations. The recommendations of the Review Committee shall be processed by the GAD or orders of the Competent Authority in accordance with clause (k) for its approval.  

For the purpose of this regulation, the Review Committee(s) shall be;   in case of officers holding Grade of Under Secretary and above;

 the Review Committee shall consist of an Officer of the rank of Chief Secretary or Principal Secretary to be nominated by Lieutenant Governor, Principal Secretary to Lieutenant Governor , Principal Secretary to Chief Minister, Administrative Secretary Home Department, Administrative Secretary, General Administration Department (Member Secretary), Administrative Secretary, Department of Law  Justice and Parliamentary Affairs, one senior Administrative Secretary  to be nominated by Lieutenant Governor or any other member to be co-opted by the Committee.

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In case of Non- Gazetted officials,  the Review  Committee shall consist of   concerned Administrative Secretary (Convener), Administrative SecretThere will be an Internal Committee in each Administrative Department comprising of the Administrative Secretary;   Concerned Head of the Department; Two Senior Officers to be nominated by the Administrative Secretary.