Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Haryana - Section

Section 11 in Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001

11. Voluntary retirement.

(1)A retiring pension and retirement gratuity shall be granted to an employee, who retires voluntarily or is retired compulsorily according to the length of qualifying service as provided in the succeeding sub-rule (2).
(2)If Management is of the opinion that it is in public interest to retire an employee for the reasons to be recorded in writing, it shall have the right by giving the employee concerned, a prior notice, in writing, of not less than three months, to retire him on the date on which he completes 20 years of qualifying service or on any other date thereafter to be specified in the notice :Provided that where three months notice is not given or notice for a period less than three months is given, the employee shall be entitled to claim a sum equivalent to the amount of pay and allowances at the same rate at which he was drawing immediately before the date of retirement, for a period of three months or for the period by which such notice falls short of three months, as the case may be.
(3)If the retirement of the employee made under sub-rule (2) is set aside by a Court of law, all pecuniary liabilities consequent thereto from the date of compulsory retirement up to the date of his rejoining the post, shall devolve on the Management.
(4)An employee may, after giving at least three months notice in writing to the Management, retire from service on the date on which he completes twenty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice :Provided that no employee under suspension shall retire from service except with specific approval of the Director.
(5)While granting proportionate pension to an employee retiring voluntarily under these rules weightage up to five years would be given as an addition to the qualifying service actually rendered by him. The grant of weightage of up to five years will, however, be subject to the following conditions :-
(a)The total qualifying service after allowing the weightage shall not in any event exceed thirty-three years qualifying service and does not go beyond the date of superannuation.
(b)The weightage given under these rules will be only an addition to the qualifying service for pension and gratuity. It will not entitle the employee retiring voluntarily to any notional fixation of pay for the purpose of calculating the pension and gratuity which will be based on the actual emoluments calculated with reference to the date of retirement.