Section 53 in U.P. Zila Panchayats Service Rules, 1970
53. [ Retirement of servants. [Rule 53 substituted by Notification No. 6343B/33-2-190/71-U. P. A.-33-1961-Rule-1970-AM (101-1981, dated 28th November, 1981 (vide U. P. Zila Panchayats Service (Tenth Amendment) Rules, 1981) (w.e.f. 28-11-1981).]
- [(a) (1) Every servant of the Zila Panchayat shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years ;Provided that if the date of birth of any servant is the first day of the month, he shall have to retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.(2)On or before the first day of September in each year a list shall be prepared in Form 'A' appended to these rules, of all servants of a Zila Panchayat whose age during the next financial year will reach sixty years and submitted to the respective Appointing Authorities.(3)Every Appointing Authority shall consider the list insofar as it relates to the posts of which he is the Appointing Authority and definite order shall be passed by him as to the retirement of the servants. Written intimation of their retirement shall be communicated to the concerned servants.](b)(1) Notwithstanding anything contained in Rule 53 (a) the Appointing Authority may, at any time, by notice to any [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant (whether permanent or temporary), without assigning any reason, require him to retire after he attains the age of fifty years, or such [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant may, by notice to the Appointing Authority voluntarily retire at any time after attaining the age of fifty years or after he has completed qualifying service for twenty years.(2)The period of such notice shall be three months :Provided that-(i)any such [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant may, by order of the Appointing Authority, without such notice or by a shorter notice, be retired forthwith at any time after attaining the age of fifty years, and on such retirement, the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowance, if any, for the period of the notice or as the case may be, for the period by which such notice falls short of three months, at the same rates at which he was drawing immediately before his retirement;(ii)it shall be open to the Appointing Authority to allow a [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant to retire without any notice or by a shorter notice without requiring the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant to pay any penalty in lieu of notice :Provided further that such notice given by the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant against whom a disciplinary proceeding is pending or contemplated, shall be effective only if it is accepted by the Appointing Authority provided that in the case of a contemplated disciplinary proceeding the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant shall be informed before the expiry of his notice that it has not been accepted :Provided also that the notice once given by a [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant seeking voluntary retirement shall not be withdrawn by him except with the permission of the Appointing Authority.(c)A retiring pension shall be payable and other retirement benefits, if any, shall be available in accordance with and subject to the provisions of the Uttar Pradesh Zila Parishad Retirement Benefit Rules, 1972, as amended from time to time, to every [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant who retires or is required or allowed to retire under this rule.Explanation. - (1) The decision of the Appointing Authority under Rule 53 (b) to require the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant to retire as specified therein shall be taken if it appears to the said authority to be in the public interest, but nothing herein contained shall be construed to require any recital, in the order of such decision having been taken in the public interest.(2)Every such decision shall, unless the contrary is proved, be presumed to have been taken in the public interest.(3)The expression 'Appointing Authority' means the authority which for the time being has the power to make substantive appointments to the post or service from which the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant is required or wants to retire and the expression 'qualifying service' shall have the same meaning as in the Uttar Pradesh [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] Retirement Benefit Rules, 1972, to retiring person.(4)Every order of the Appointing Authority requiring a [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant to retire forthwith under the first proviso to clause (2) to sub-rule (b) of this rule shall have effect from the afternoon of the date of its issue, provided that if after the date of its issue, the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant concerned, bona fide and in ignorance of that order, performs the duties of his office, his acts shall be deemed to be valid notwithstanding the fact of his having earlier retired.(5)For the purpose of this rule the age of a servant shall be determined with reference to his date of birth as recorded in the High School Examination Certificate or in the Certificate of an examination recognised by the State Government as equivalent thereto or if there be no such certificate with reference to his date of birth then his date of birth as recorded in the Hindustani Final Examination of Junior High School Examination or as entered in the scholars register of any institution recognised by the State Government. Where there is no such authentic record of the age of a servant or where the servant has not studied in any recognised institution, it would be permissible to examine other reliable documentary evidence such as entries in the service book, certified copy of entry in the birth register, the affidavit of the parent or guardian, a medical certificate of the Chief Medical Officer of the district. The decision of the Appointing Authority as to the correct age of a servant shall be final.(d)For the removal of doubts, it is hereby clarified that nothing in this rule shall be deemed to have ever required the actual payment of the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant's pay for the whole or part of the period of notice before or simultaneously with the retirement required by the order, and the failure to make such payment shall not have any effect on the validity of the order.]
