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State of Tamilnadu - Section

Section 45 in The Coimbatore City Municipal Corporation Service Rules, 1987

45. (a) A member of service who has completed qualifying service of not less than twenty years, may retire from service by giving notice of not less than three months in writing to the appointing authority. Before giving such notice, he may satisfy himself by means of a reference to the appointing authority that he has completed twenty years of qualifying sendee for pension.

Explanation I. - For the purpose of this clause, the period of notice shall commence from the date of its receipt by the appointing authority.Explanation II. - The term "appointing authority" shall include the immediate official superior to the member and the period of three months I notice shall commence from the date of receipt of the notice by the said immediate superior, in case where a member has to address the appointing authority through proper channel.(b)The member of the service desiring to retire under sub-rule (a) shall be given weightage up to five years in addition to the qualifying service rendered by him subject to the conditions that the total qualifying service after adding the weightage shall not exceed the qualifying service he would have had if he had voluntarily retired under the rule 44 in completion of twenty-five years, whichever is earlier. The weightage given under this sub-rule shall be an addition to the qualifying service for the purpose of calculating pension and gratuity only and it shall not entitle the member retiring voluntarily to any notional fixation of pay for the said purpose. The pension and, gratuity shall be based on the actual emoluments on the date of retirement.(c)The notice of voluntary retirement issued by a member of the service under sub-rule (a) shall be accepted by the appointing authority, if the date of retirement on the expiry of such notice is earlier than the date on which the member concerned could have retired, voluntarily under the rule 45, except where,-
(1)disciplinary proceedings are contemplated pending against the member concerned for the imposition of a major penalty; or
(2)prosecution is contemplated pending in a Court of law against the member concerned.
(d)The member shall be deemed to have been retired from service at the end of the period of notice issued under sub-rule (a) unless the appointing authority issues an order to the contrary before expiry of the period of notice.
(e)The member may also withdraw the notice of voluntary retirement subsequently, with the approval of the appointing authority:
Provided that the request for such withdrawal shall be made before the expiry of the period of notice.AppendixForm 4Appointment Committees Docket Form