Section 42 in The M.P. Civil Services (Pension) Rules, 1976
42. Retirement on completion of [20 years] [Substituted by Notification No. F-25-2-2000-PWCMV, dated 30th May, 2000, for '20/25 years'.] qualifying service.
- [(1) (a) A Government servant may retire at any time after completing 20 years qualifying service, by giving a notice in Form 28, to the appointing authority at least three months before the date on which he wishes to retire or on payment by him of pay and allowances for the period of three months or for the period by which the notice actually given by him falls short of three months :Provided that where the Government servant giving such notice is under suspension, he shall not be allowed to retire from service without the prior permission in writing of the appointing authority.(b)The appointing authority may in the public interest require a Government servant to retire from service at any time after he has completed [20 years qualifying service or he attains the age of 50 years whichever is earlier], with the approval of the State Government by giving him three months notice in Form 29 :Provided that such Government servant may be retired forthwith and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing then immediately before his retirement or, as the case may be, for the period by which such notice falls short of three months.Note 1. - Before a Government servant serves notice of retirement under clause (a) above, he should satisfy himself by means of a reference to the appointing authority that he has in fact, completed [20 years qualifying service or he attains the age of 50 years] [Substituted by Notification No. F-25-2-2000-PWC-IV, dated 30th May, 2000.] for pension. Similarly the appointing authority, while giving notice of retirement to a Government servant under clause (b), above, should also satisfy itself, that the Government servant has, in fact completed [20 years qualifying service or he attains the age of 50 years] [Substituted by Notification No. F-25-2-2000-PWC-IV, dated 30th May, 2000.] [xxx] [The words 'the appointing authority may obtain report from the Accountant General, Madhya Pradesh about.... qualifying service of the Government servant, if necessary', omitted by Notification No. F-25-2-2000-PWC-IV, dated 30th May, 2000.]Note 2. - The period of notice of three months or notice period which is short of three months, as the case may be, shall be reckoned from the date on which it is signed and put in communication under registered post. Where the notice is served personally the period shall be reckoned from date of receipt thereof.Note 3. - The Government servant, on submission of an application shall be granted such leave during the period of notice to which he is entitled according to rules :Provided that no leave shall be granted beyond the expiry of the period of notice].[Note 4. [Substituted by Notification No. FB-6-5-81-R-II-IV, dated 15-4-81 (w.e.f. 15-5-1981).] - The payment of pension for the period for which pay and allowances have been paid to a Government servant in lieu of notice, shall be regulated by the provision of sub-rule (2) of Rule 33 of these rules].(2)A Government servant who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority on consideration of the circumstances of the case to withdraw the notice given by him :Provided that the request for withdrawal shall be prior to the intended date of his retirement.(3)Where the notice of retirement has been served by appointing authority on the Government servant, it may be withdrawn, if so desired for adequate reasons, provided that the Government servant concerned is agreeable.
