Section 16 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
16. Superannuation gratuity or pension.
(1)[A member of the Service shall retire from the service with effect from the afternoon of the last day of the month in which he attains the age of sixty years:Provided that a member of the Service whose date of birth is the first day of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years:Provided further that a member of the Service dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government.] [Substituted/Inserted vide DP&T Notification No. 25011/8/97-AIS(II) dated 13.5.98 (GSR No. 249E dated 13.5.98).][Provided also that a Member of the Service holding the post of Chief Secretary to a State Government may be given extension of service for a period not exceeding six months on the recommendations made by the concerned State Government with full justification and in public interest, with the prior approval of the Central Government.] [Inserted vide Notification No. 24012/22/2005-AIS(II) dated 30/11/2005.][Provided also that a Member of the Service holding the post of Chief Secretary to the Government of Jammu & Kashmir may be given extension of service, under exceptional circumstances, for a period beyond six months but the total term as Chief Secretary not exceeding three years and up to the age of sixty-two years, whichever is earlier, on the recommendations made by the State Government of Jammu & Kashmir, with full justification and in public interest, with the prior approval of the Central Government.] [Inserted by Notification No. G.S.R. 457(E), dated 16.5.2018 (w.e.f. 18.8.1958).][Provided also that a member of the Service who has attained the age of fifty-eight years on or before the first day of May, 1998 and is on extension in service, shall retire from the service on the expiry of his extended period of service or on the expiry of any further extension, granted by the Central Government in public interest, and that no such extension in service shall be granted beyond the age of sixty years.] [Substituted vide DP&T Notification No. 25011/24/98-AIS(II) dated 7.12.98 (GSR No. 719 dated 7.12.98).](1A)[ Notwithstanding anything contained in sub-rule (1), the Central Government may, if it considers necessary in the public interest to do so, give extension in service to the incumbents of the posts of the Cabinet Secretary, Defence Secretary, Home Secretary, Director, Intelligence Bureau, Secretary, Research and Analysis Wing and Director, Central Bureau of Investigation for such period as it may deem proper.Provided that the total term of the Cabinet Secretary who is granted such extensions of service shall not exceed [four years] [Substituted vide notification NO. 25011/4/2006-AIS(II) dated 12/6/2007.];Provided further that the total term of the other Secretaries and Directors who are granted such extensions of service under these Rules shall not exceed two years.][Provided also that notwithstanding anything contained in sub-rule (1A), the Central Government may, if it considers necessary in public interest to do so, give an extension in service for a further period, not exceeding three months, beyond the period of four years to the Cabinet Secretary] [Inserted by Notification No. G.S.R. 412(E), dated 7.6.2019.].[Provided also that Notwithstanding anything contained in sub-rule (1A), the Central Government may, if it considers necessary in public interest to do so, give an extension in service for a further period, not exceeding three months, beyond the period of two years to the Home Secretary and the Defence Secretary.] [Inserted vide DOP&T Notification No. 26014/03/2010-AIS(II)(A) (G.S.R 612(E) dated 09.08.2011).](2)[ A member of the Service may, after giving at least three months' previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:Provided that no member of the Service under suspension shall retire from service except with the specific approval of the [Central Government.] [Substituted vide DP&AR Notification No. 28/8/72-AIS(II) dated 30.9.72.][Provided further that the State Government concerned on a request made by the member of the service may, if satisfied and for reasons to be recorded in writing, relax the period of notice.] [Added vide notification No. 29018/11/2003-AIS(II) dated 20/12/2004.](2A)[ A member of the service may, after giving three months' previous notice in writing to the State Government concerned, retire from service on the date on which he completes 20 years of qualifying service or any date thereafter to be specified in the notice:Provided that a notice of retirement given by a member of the service shall require acceptance by the [Central Government] [Inserted vide DP&AR Notification No. 25011/24/77-AIS(II) dated 2.2.78 (GSR No. 253 dated 18.2.78).] if the date of retirement on the expiry of the period of notice would be earlier than the date on which the member of the Service could have retired from service under sub-rule (2):Provided further that a member of the Service, who is on deputation to a corporation or company wholly or substantially owned or controlled by the government or to a body controlled or financed by the Government, shall not be eligible to retire from the service under this rule for getting himself permanently absorbed in such corporation, company or body.][Provided also that a member of the Service borne on the Cadres of Assam-Meghalaya. Manipur-Tripura, Nagaland and Sikkim may retire from service on the date on which he/ she completes 15 years of service.] [Added vide notification No. 29018/11/2003-AIS(II) dated 20/12/2004.](2B)[ (a) The notice of voluntary retirement given in writing by the member of the service under sub-rule (2) and (2A), may be withdrawn by the member of service.(b)Request for withdrawal of notice of voluntary retirement shall be submitted to the Competent Authority within the period specified in the said notice.(2C)Where a notice of voluntary retirement is given by a member of service under sub-rule (2) and the competent authority does not issue any order before the expiry of the period specified in the said notice, the voluntary retirement shall become effective from the date of expiry of the said period.Provided that, where no order is issued by the competent authority, then after the expiry of the period specified in the notice, the Central Government may issue orders.(2D)For the purpose of this rule the expression 'competent authority' shall mean the authority which is empowered to accept notice of voluntary retirement under sub-rules (2) and (2A).] [Inserted by Notification No. G.S.R. 170(E), dated 27.2.2017 (w.e.f. 18.8.1958).](3)[ The Central Government may, in consultation with the State Government concerned and after giving a member of the Service at least three months previous notice in writing, [or three months'] [Substituted vide DP&AR Notification No. 28/8/72-AIS(II) 30.9.72.] pay and allowances in lieu of such notice require that member to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice.][Note 1: In computing the period of three month's notice referred to in sub-rules (2), (2A) and (3) the date of service of the notice and the date of its expiry shall be excluded. [Inserted vide DP&AR Notification No. 25011/6/80-AIS(II) dated 26.4.80 (GSR 512 dated 10.5.80).]Note 2: In the case of a member of Service who retires under sub-rule (2) or (2A) or who is retired under sub-rule (3), the date or retirement shall be treated as a non-working day.](4)[ A superannuation gratuity or pension shall be granted to a member of the Service who is required to retire under sub-rule (1) of this rule.] [Inserted vide MHA Notification No. 29/10/64-AIS(II) dated 1.9.65.]
