Section 51 in West Bengal Municipal (Employees' Service) Rules, 2010
51.
(a)Except as otherwise provided in these rules all municipal employees shall retire from municipal service compulsorily on attaining the age of 60 ./ears.(b)Notwithstanding anything contained in this rule, the appointing authority shall, if it is of opinion that it is in the public interest so to do, have the absolute right to retire any employee by giving him notice of not less than 3 months' in writing or 3 months' pay and allowances in lieu of such notice with the approval of the State Government :(i)if he is in Category 'A' or Category 'B' service or post and had entered Municipal service before attaining the age of 35 years, after he has attained the age of 50 years.(ii)in all other cases, after he has attained age of 55 years.Note : If on a review or the case either on a representation from the employee retired prematurely or otherwise, it is decided to reinstate the employee in service the authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement by the grant of leave or, by the treating it as dies non depending upon the facts and circumstances of the case :Provided that the intervening period should 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 the Court of Law.(II)Where the order of premature retirement is set aside by a Court of Law with specific direction in regard to regularization of 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 direction of the Court.(c)An employee may give notice of not less than 3 months in writing to the appointing authority, to retire from Municipal Service after he has completed 20 years of service, provided that it shall be open to the appointing authority to withhold permission to an employee under suspension who seeks to retire under this sub-rule.Note 1 : In computing the three months notice period referred to in sub-rule (b) and (c), the date of service of the notice and the date of its expiry shall be excluded.Note 2 : The 3 months' notice referred to in clause (b) or clause (c) above, may be given before the employee attains the age specified in the said clauses provided that the retirement takes place after the employee has attained the specified age.Note 3 : The appointing authority should invariably keep on record that in his opinion it is necessary to retire the employee in pursuance of aforesaid rule in public interest.Note 4 : In case the appointing authority decides to retire an employee prematurely with immediate effect the payment of pay and allowances in lieu of the notice period shall be made to the employee concerned simultaneously with the order of retirement.
