Section 2 in U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1975
2. Amendment of Fundamental Rule 56.
- [(a) Except as otherwise provided in this rule, every Government servant 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 a Government servant, whose date of birth is the first day of a month, shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years:Provided further that a Government servant, who has attained the age of fifty-eight years on or before the first day of the November, 2001 and is on extension in service, shall retire from service on expiry of his extended period of service.(a-1) No Government servant shall be granted extension in service beyond the age of retirement of sixty years:Provided that a Government servant dealing with budget work or working as a full time member of a committee which is to be wound up within a short period of time may be granted, by the Government, extension of service for a period not exceeding three months in. public interest:Provided further that a Government servant holding highly specialised technical job whose replacement has not been possible to be arranged before his retirement even after efforts made in this regard, may be granted extension of service up to the age of sixty-two years, if such extension is unavoidable in public interest and the grounds for such extension are recorded in writing:Note. - Each case for extension of service under this clause shall be put up for orders to the Chief Minister through the Chief Secretary.(a-2) Notwithstanding any thing to the contrary contained in clause (a) or clause (a-1) of this rule, a Government servant may, if considered necessary, in public interest, so to do, be granted extension of service up to the age of sixty-two years with the prior approval of the Cabinet:Provided that in the cases of extension in service under clauses (a-1) and (a-2) of this rule, Government shall have the right to terminate the extension of service before expiry of such extension by giving a notice in writing of not less than three months in the case of a permanent or, of one month in the case of a temporary Government servant, or pay and allowances in lieu of such notice.] [Rules 56 Clause (a) (a-1) and (a-2) Subs, by Noti. No. G-2-168/X-2010-534 (19)/57, dated 17 Febraury, 2010. Published in U.P. Gazette Extra., Part-4, Section (kha), dated 17th February, 2010. (w.e.f. 17-2-2010).](b)[* * *] [Clause (b) has been omitted by Notification No. G-2-486/-X-534 (19) 57, dated 28th July, 1987.](c)Notwithstanding anything contained in Clause (a) or Clause (b), the appointing authority may, at any time, by notice to any Government servant (whether permanent or temporary), without assigning any reason, require him to retire after he attains the age of fifty years or such Government servant may by notification to the appointing authority voluntarily retire at any time after attaining the age of fifty years or after he has completed qualifying service for twenty years.(d)The period of such notice shall be three months:Provided that-(i)any such Government servant may by order of the appointing authority, without such notice or by a shorter notice, be retired forthwith at any time after attaining the age of fifty years, and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowance, if any, for the period of the notice or, as the case may be, for the period by which such notice falls short of three months, at the same rates as which he was drawing before his retirement;(ii)it shall be open to the appointing authority to allow a Government servant to retire without any notice or by a shorter notice without requiring the Government servant to pay any penalty in lieu of notice :Provided further that such notice given by the Government servant against whom a disciplinary proceedings is pending or contemplated shall be, effective only if it is accepted by the appointing authority, provided that in the case of a contemplated disciplinary proceeding the Government servant shall be informed before the expiry of his notice that it has not been accepted :Provided also that the notice once given by a Government servant under Clause (c) seeking voluntary retirement shall not be withdrawn by him except with the permission of the appointing authority.(e)A retiring pension shall be payable and other retirement benefits, if any, shall be available in accordance with and subject to the provisions of the relevant rules to every Government servant who retires or is required or allowed to retire under this rule.Explanation. - (1) The decision of the appointing authority under Clause (c) to retire the Government servant as specified therein shall be taken if it appears to the said authority to be in the public interest but nothing herein contained shall be construed to require any recital, in the order, of such decision having been taken in the public interest.(2)Every such decision shall, unless the contrary is proved, the presumed to have been in the public interest.(3)The expression 'appointing authority' means the authority which for the time being has the power to make substantive appointments to the post or service from which the Government servant is required or wants to retire; and the expression 'qualifying service' shall have the same meaning as the relevant rules relating to retiring person.(4)Every order of the appointing authority requiring a Government servant to retire fortwith under the first proviso to clause (d) of this rule shall have effect from the afternoon of the date of its issue provided that if after the date of its issue, the Government servant concerned bona fide and in ignorance of that order, performs the duties of his office his acts shall be deemed to be valid notwithstanding the facts of his having earlier retired."Note. - (1) [Deleted] [Notification No. G-2-58/X-534 (19) 90, dated 18-1-1990.]Note. - (2) The grant, under Rule 86, of leave extending beyond the date on which a Government servant must compulsorily retire, or beyond the date upto which a Government servant has been permitted to remain in service, shall not be treated as sanctioning an extension of service, and the Government servant shall not be permitted to retain a lien on his permanent post or any other post during the period of such leave.[Note.-(3) A Government servant whose date of birth is the first day 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 or sixty years, as the case may be.] [Note (3) Deleted by Notification No. G-2/605/X-534 (19) 57, dated 27th June, 2002.]
