Section 15 in The Bureau of Energy Efficiency (Terms and Conditions of Service of Employees) Rules, 2017
15. Premature Retirement.
(1)Notwithstanding anything contained in rule 14, the competent authority in the Bureau may, if it is of the opinion that it is in the public interest so to do, retire any employee of the Bureau by giving him notice of not less than three months' in writing or three months' pay and allowances in lieu of such notice-(a)if he is, in a post equivalent to Group `A' or Group `B' post in the Central Government in a substantive, quasi-permanent or temporary capacity and had entered the service of the Bureau before attaining the age of thirty-five years, after he has attained the age of fifty years; or(b)in any other case after he has attained the age of fifty-five years.(2)If on a review of the case either on a representation from the employee of the Bureau retired prematurely or otherwise, it is decided to reinstate him in service, the competent authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement by the grant of leave of the kind due and admissible, including extraordinary leave, or by treating it as dies non depending upon the facts and circumstances of the case:Provided that the intervening period shall be treated as a period spent on duty for all purposes including pay and allowances, if it is specifically held by the authority ordering reinstatement that the premature retirement was itself not justified in the circumstances of the case, or if the order of premature retirement is set aside by a court of law:Provided further that, if the order of premature retirement is set aside by a court of law with specific directions in regard to regulation of the period between the date of premature retirement and the date of reinstatement and no further appeal is proposed to be filed, the aforesaid period shall be regulated in accordance with the order of the court of law.(3)Any employee of the Bureau may, by giving notice of not less than three months in writing to the competent authority, retire from service after he has attained the age of fifty years, if he is an employee of the Bureau holding a post equivalent to a Group `A' or Group `B' post in the Central Government, and had entered the service of the Bureau before attaining the age of thirty-five years, and in all other cases after he has attained the age of fifty-five years.(4)Notwithstanding anything contained in sub-rule (1), the competent authority in the Bureau may, if it is of the opinion that it is in the public interest so to do, retire any employee of the Bureau holding a post equivalent to a Group `Ç' post in the Central Government after he has completed thirty years' service by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice.(5)An employee of the Bureau holding a post equivalent to Group `Ç' post, in the Central Government, may, by giving notice of not less than three months in writing or three months' pay and allowances in lieu of such notice to the competent authority, retire from Bureau's service after he has completed thirty years' service.(6)An employee of the Bureau referred to in sub-rule (3), sub-rule (4), and sub-rule (5) may request in writing to the competent authority to accept notice of less than three months giving reasons thereof:Provided that the competent authority may consider the request for curtailment of the period of notice on merits, if it is satisfied that the curtailment of the period of notice shall not cause any administrative inconvenience.(7)An employee of the Bureau, who has elected to retire under sub-rules (3) and (5) and has given the necessary intimation to that effect to the competent authority, shall not be allowed to withdraw his election subsequently, except with the specific approval of such authority:Provided that the request for withdrawal is within the intended date of his retirement.Note 1. - An employee may give three months' notice referred to in sub-rule (1), sub-rule (3), sub-rule (4) and sub-rule (5) before the employee attains the age specified in sub-rules (2) and (3) or has completed the age of thirty years specified in sub-rules (4) and (5), provided that the retirement takes place after he has attained the relevant age or has completed thirty years service, as the case may be.Note 2. - In computing the period of notice of three months referred to in the aforesaid sub-rules, the date of service of the notice and the date of its expiry shall be excluded.
