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State of Tamilnadu - Section

Section 15 in Service Statutes of the Establishment of the Tamil Nadu Dr. M.G.R. Medical University, Chennai

15. Compulsory/Voluntary retirement: Notice issuance.

(1)
(a)Procedure for compulsory retirement of teaching staff : Notwithstanding anything contained in these statutes, the Governing Council on the basis of recommendations made by a Committee constituted by it every year for the purpose of review, shall, if it is of the opinion that it is in the interest of the University, have the absolute right to retire any University Teaching Staff by giving him notice of not less than three months in writing or three months salary in lieu of such notice, after he has attained the age of fifty years, or completed twenty-five years of qualifying service.
(b)Procedure for voluntary retirement of Teaching Staff: Any teaching staff after completion of a qualifying service of 20 years or attaining the age of fifty may opt to retire by giving notice not less than three months in writing to the Governing Council. He may also withdraw the notice of voluntary retirement subsequently but before expiry of the period of notice with the approval of the Vice-Chancellor.
(2)Procedure for compulsory retirement/voluntary retirement of non-teaching staff: Notwithstanding anything contained in these statutes, the Governing Council on the basis of the recommendations made by the Committee constituted by the Governing Council every year for the purpose of review shall, if it is of the opinion that it is in the interest of the University, have the absolute right to retire any University non-teaching employee by giving him notice of not less than three months in writing or three months salary in lieu of such notice, when he has attained the age of fifty years or after he has completed twenty-five years of qualifying service. Any non-teaching staff who has attained the age of fifty years or after his completion of twenty years of qualifying service may likewise opt to retire after giving notice of not less than three months in writing to the Governing Council. He may also with draw the notice of voluntary retirement subsequently but before expiry of the period of notice with the approval of the Vice-Chancellor.Explanation No. I. - In computing the notice period of three months, the date of service of the notice shall be excluded; and the period if any spent on leave during the notice period shall also be excluded.Explanation No. II. - When an University employee under suspension or against whom disciplinary action is pending seeks to retire voluntarily under this statute, the Governing Council may withhold the permission sought for.
(3)Review petition : Any employee compulsorily retire either under sub-statute (1) or sub-statute (2) above, may file a review petition within two months to the Governing Council from the date of receipt of orders of the Governing Council. A Review Committee which shall be specifically constituted every year for this purpose of the Governing Council shall consider and make its recommendations to the Governing Council. The decision of the Governing Council thereon shall be final.