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State of Telangana - Section

Section 3 in Telangana Public Employment (Regulation of Age of Superannuation) Act, 1984

3. Age of superannuation.

(1)Every Government employee, not being a workman and not belonging to Last Grade Service shall retire from service on the afternoon of the last day of the month in which, he attains the age of [fifty eight years.] [Substituted by Act No. 3 of 1985.]
(1A)[ Notwithstanding anything contained in sub-section (1), every member of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial Service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:[Provided that any such member of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial Service may be compulsorily retired from service on the afternoon of the last day of the month in which he attains the age of fifty years or fifty five years or fifty eight years or thirty three years of qualifying service, if he is found not fit and eligible to be continued in service by the High Court of Andhra Pradesh, on an assessment and evaluation of the record of such member for his continued utility, well within time, before he attains the age of fifty years or fifty five years or fifty eight years or thirty three years of qualifying service.] [Sub-section (1A) inserted by Act No. 26 of 1998.][Provided further that any member of service after giving three months notice in writing or three months of pay and allowances in lieu of notice may be required to retire in public interest from service on the date on which such member attains the age of fifty years or fifty five years or fifty eight years or thirty three years of qualifying service or any date thereafter to be specified in the notice.] [Inserted by Act No. 42 of 2006.]Provided also that any such member of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial service at his option to be exercised in writing before he attains the age of fifty seven years may retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years.Explanation. - The assessment and evaluation by the High Court of Andhra Pradesh for the purposes of this subsection is in addition to and independent of the assessment for compulsory retirement that may have to be undertaken at any other time under the relevant rules applicable to such members of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial Service.]
(2)Every Government employee not being a workman but belonging to the Last Grade Service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.
(3)Every workman whether in superior or last grade service, or in any service notified as inferior shall ordinarily be retained in service upto the age of sixty years:Provided that any workman may be required to retire at any time after attaining the age of fifty-five years after being given one month's notice, or one month's pay in lieu thereof, on the ground of impaired health or of being negligent or inefficient in the discharge of duties:Provided further that a workman may also retire at any time after attaining the age of fifty-five years, by giving one month's notice in writing.Explanation I. - In this section, the word "workman" means a highly skilled, skilled, or semi-skilled or unskilled artisan in industrial and work charged establishments of Government.Explanation II. - For the removal of doubts, it is hereby declared that-
(a)a Government employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of [fifty-eight] [Substituted by Act No. 3 of 1985.] or sixty years, as the case may be;
(b)a Government employee who attained the age of superannuation but who was allowed to continue to hold the post, beyond that date, by virtue of a stay order of a Court, shall be deemed to have ceased to hold the post and relieved of his charge from the date of the judgement dismissing his petition, irrespective of whether the charge of the post was handed over or not as prescribed in any rule or order of the Government for the time being in force.
(4)[ Notwithstanding anything contained in this section, an employee in the work charged establishment of the Government, who becomes a regular Government employee by whatever means or orders issued by Government from time to time shall not be treated as workman for purposes of this Act and shall be regarded as holder of a Civil post within the meaning of article 311 of the Constitution of India and accordingly, he shall retire from service,-
(a)on attaining the age of fifty eight years in case, on becoming as a regular Government employee, he belongs to superior service; and
(b)on attaining the age of sixty years in case, on becoming as a regular Government employee, he belongs to last grade service or in any service notified as inferior for the purpose of this sub-section.]