Section 42 in Tamil Nadu Municipal Service Rules, 1970
42. Notwithstanding anything contained in these rules, 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 member of the service by giving him notice of not less than 3 months in writing or three months pay and allowances in lieu of such notice after the member of the said service attained the age of 50 years or after he has completed 25 years of qualifying service. Any member of the service [who has completed 20 years of qualifying service] [Substituted by G. O. Ms. No. 2146, R.D. & L.A., dated the 29th December 1981.] may likewise retire from service by giving notice of not less than 3 months in writing to the appropriate authority.
Explanation I. - For the purpose of the rules, appropriate authority means the authority which has the power to make substantive appointments to the post or service from which the member of the service is required to retire or wants to retire.Explanation II. - For the purpose of this rule, the 3 months notice may be given before the member of the said service attains the age of 50 years, provided that the retirement takes place after he has attained that age.Explanation III. - In computing the notice period of 3 months, the date of service of notice shall be included.An employee can withdraw the notice of voluntary retirement before the expiry of the period of notice with the approval of the appropriate authority. - Vide G. O. Ms. No. 91, P &AR (FR-III), dated 4-2-1983.
