Section 41 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
41. Retirement on completion of 20 years qualifying service.
(1)At any time after an employee, the Commission has completed 20 years qualifying service, he may, be giving notice of not less than 3 months in writing to the Commission, retire from his service;(2)the notice of voluntary retirement given under sub-regulation (1) shall require acceptance by the Commission.Provided that where Commission does not refer to grant permission for retirement before the expiry of the period specified in the said notice the retirement shall become effective from the date of expiry of the said period.(3)(a)An employee of the Commission refer to in sub-regulation (1), may make a request writing to the Commission to accept notice of voluntary retirement of less than 3 months giving reason therefore.(b)On receipt of a request under clause (a), the Commission subject to the provisions of sub-regulation (2), may consider such request for the curtailment of the period of notice of 3 months on merit and if it is satisfied that the curtailment of period of notice will not cause any administrative inconvenience, the Commission may relax the. requirement of notice of 3 months on the condition that the employee of the commission shall not apply for commutation of part of his pension before the expiry period of notice of three months.(4)An employee of the Commission who has elected to retire under this regulation and has given necessary notice to that effect to the Commission shall be precluded from withdrawing his notice accept with the specific approval of the Commission.Provided that the request for withdrawal shall made before the intended date of his retirement.(5)The pension and death-cum-retirement gratuity an employee of the Commission retiring under this regulation shall be based on the emoluments as defined under Regulations 30 and 31 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity.(6)This regulation shall not apply to an employee of the Commission who retires under Regulation 26.Note :- (i) If an employee retires under the scheme of voluntary retirement under this regulation 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 in accordance with rule 3 of the Khadi and Village Industries Commission (Leave) Rules, 1977.(ii)Before an employee of the Commission gives notice of voluntary retirement under this regulation, he would satisfy himself by means of a reference to the appropriate administrative authority that he has in fact completed 20 years service qualifying for pension.(iii)A notice of voluntary retirement given after completion of twenty years qualifying service will require acceptance by the Commission, if the date of retirement on expiry of the notice would be earlier than the date on which the employee concerned could have retired voluntarily under Regulation 40 of these regulations or under clause (d) of sub-regulation (3) of Regulation 5 of the Khadi and Village Industries Commission Regulations, 1958. Such acceptance may be generally given in all cases except clause (a) in which the disciplinary proceedings are pending or contemplated against the employee of the commission concerned for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, if 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 employee of the Commission concerned. The notice of voluntary retirement even in such cases, may be accepted by the Commission, if circumstance of the case so justify. Even where the notice of voluntary retirement given by the employee of the Commission requires acceptance by the commission, the employee of the Commission 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)The pension will be subject to the provisions Regulations 7 and 8 of these regulations.(v)The scheme of voluntary retirement under in regulation will not apply to those who retire voluntarily under the provisions of Regulation 26.(vi)An employee of the Commission giving notice 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. The period of leave any, extending beyond the date of retirement on expiry of notice, but not extending beyond the date on which the employee of the Commission should have retired on attaining the age of superannuation, may be allowed as terminal leave as provided under the Khadi and Village Industries Commission (Leave) Rules, 1977.
