Section 5 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
5. Removal, Dismissal or Resignation from Service.
(1)No retirement benefits may be granted to a person who has been dismissed or removed from the Service or who has resigned from the Service:Provided that, if the circumstances of the case so warrant the State Government may grant to a person who has been dismissed or removed from the Service a compassionate allowance not exceeding two-thirds of the retirement benefits which would have been admissible to him if he had been invalidated and not dismissed or removed from the Service.(1A)[(i) The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions, namely :- [Inserted vide DOP&T Notification No. 24012/10/2010-AIS(II)(A) (G.S.R. No. 585(E) dated 28.07.2011).](a)that the resignation was tendered by the a member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation;(b)that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the member concerned was in no way improper;(c)that the period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;(d)that the post, which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post, is available.(ii)Request for withdrawal of a resignation shall not be accepted by the Central Government where a member of service resigns his/her service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.(iii)Request for withdrawal of resignation shall not be accepted by the Central Government where a member of the Service resigns from his/her service or post with a view to be associated with, any political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in connection with, or take part in, an election to any legislature or local authority.(iv)When an order is passed by the Central Government allowing a member to withdraw his/her resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.](2)Subject to the provisions of Rule 5A, where a member of the service is required to retire or resign from the service as a condition of his appointment under a Statutory or other body, he shall be granted the retirement benefits to which he would have been entitled if he had been invalidated from the Service and not resigned or retired.
