Section 44 in The Madurai City Municipal Corporation Service Rules, 1975
44. [ [Added by GO. MS. No. 1635, RD & LA, dated 31.10.1983] (a)(i) Notwithstanding anything contained in these rules, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any member of the service by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice at any time after who has attained fifty five years in the case of basic service, as the case maybe, or after who has completed thirty years of qualifying service. Any member for the service who has attained fifty years of age or who has completed twenty-five years of qualifying service, may likewise retire from service by giving notice of not less than three months in writing, to the appropriate authority.
Explanation I. - For the purpose of the clause, appropriate authority means the authority which has the power to make substantive appointments to the post or service from which the member of the service is required to retire or wants to retire.Explanation II. - In computing the notice period of three months, the date of service of the notice shall be included.Explanation III. - When a member of the service under suspension or against whom disciplinary action is pending, seeks to retire voluntarily under this clause, the specific permission of the appropriate authority for such voluntary retirement is necessary. The appropriate authority may withhold the permission sought by the member of service.Explanation IV. - The powers conferred on the appropriate authority under the clause may also be exercised by any higher authority.(ii)The member of service may also withdraw the notice of voluntary retirement subsequently, with the approval of the appropriate authority.Provided that his request for such withdrawal shall be made before expiry of the period of notice,(b)(i)A member of the 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 appropriate 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 service 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. - Appointing authority shall include the immediate official superior to the members of the service and the period of three months notice, shall commence from the date of receipt of notice by the said immediate superior, in cases where a member of the service has to address the appointing authority through proper channel.Explanation III. - The three months notice referred to in sub-rules (a) and (b) may be given before the member of the service attains the age and the qualifying service specified in the said sub-rules provided that the retirement takes place after he has attained the specified age or has completed the specified qualifying service, as the case may be(ii)The member of the service desiring to retire under clause (i) 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 that he would have had if he had voluntarily retired under sub-rule (a). The weightage given under this clause shall be an addition to the qualifying service for the purpose of calculating pension and gratuity only and it shall not entitle the member of the service retiring voluntarily to any notional fixation of pay for the said purpose. The pension and gratuity shall be based on the average emoluments on the date of retirement.Illustrations. - A member of the service seeking voluntary retirement under this scheme on-(a)attaining the age of forty-five years and completing a qualifying service of twenty-one years shall have a weightage of five years;(b)attaining the age of forty-eight years and completing a qualifying service of twenty-one years shall have a weightage of two years;(c)attaining the age of forty-five years and completing a qualifying service of twenty-four years shall have a weightage of one year.(iii)The notice of voluntary retirement issued by a member of the service under clause (i) 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 of the service concerned could have retired voluntarily under sub rule (b) except where-(i)disciplinary proceedings are contemplated or pending against the member of the service concerned, for the imposition of a major penalty, or(ii)prosecution is contemplated or pending in a Court of law against the member of the service concerned,(iv)The member of the service shall be deemed to have been retired from service at the end of the period of notice issued under clause (i) unless the appointing authority or an authority to the appointing authority issues an order to the contrary before the expiry of the period of notice,(v)The member of the service may also withdraw the notice of voluntary retirement subsequently, with the approval of the appointing authority.]AppendixForm 4Appointment Committee - Docket Form
