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State of Nagaland - Section

Section 3 in Nagaland Retirement From Public Employment Act, 1991

3. Retirement from public employment.

(1)Notwithstanding anything contained in any rule or orders for the time being in force, a person in public employment shall hold office for a term of thirty three years from the date of his joining public employment or until he attains the age of fifty seven years whichever is earlier :Provided that in special circumstances, a person under public employment may be granted extension by the State Government upto a maximum of one year;Provided further that the Government may have the cases of all persons under public employment screened from time to time to determine heir suitability for continuation in public employment after the attainment of the age of fifty years.
(2)All persons under public employment shall retire on the afternoon of the last day of the month in which he attains the age of fifty seven years or on completion of thirty three years of public employment whichever is earlier.
(3)Notwithstanding anything contained herein, 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 person under public employment who has attained the age of fifty years by giving him notice of three months in writing or three months pay and allowances in lieu of such notice:
(4)If on are view of the case either on a representation horn the person in public employment who is retired prematurely or otherwise, it is decided to reinstate him in service, the authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement by the grant of leave of the kind due and admissible, including extraordinary leave, or by treating it as dies non depending upon the facts and circumstances of the case:Provided that the intervening period shall he treated as a period spend on duty for all purposes including pay and allowances, if it is specifically held by the authority ordering reinstatement that the premature retirement was itself not justified in the circumstances of the case, or, if the order of premature retirement is set aside by a Court of Law.
(5)Any person in public employment may by giving notice of not less than one month in writing to the appropriate authority retire from service after he has attained the age of fifty years or has put in not less than twenty years of public employmentProvided that it shall be open to the appropriate authority to withhold permission to retire under this Sub-Section.