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State of Rajasthan - Section

Section 53 in Rajasthan Civil Services (Pension) Rules, 1996

53. [ Compulsory retirement on completion of 15 years qualifying service. [The existing Rule 53 shall be substituted vide FD Notification No.F.15(3)FD(Rules)/99 dated 8.6.2004.]

(1)At any time, after a Government servant has completed 15 years qualifying service or has attained the age of 50 years, whichever is earlier, the appointing authority, upon having been satisfied that the concerned government servant has on account of his indolence or doubtful integrity or incompetence to discharge official duties or inefficiency in due performance of official duties, has lost his utility, may require the concerned Government servant to retire in public interest after following the procedure laid down by the Government in Department of Personnel/Administrative Reforms Department. In case of such retirement, the Government servant shall be entitled to retiring pension.
(2)In such a case, the appointing authority shall give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice.
(3)The appointing authority may publish the order of such retirement in Rajasthan Rajpatra, and the Government servant shall be deemed to have retired on such publication, if he has not been served with the retirement order earlier.
(4)In such a case, the compulsorily retired employee may represent against the order of compulsory retirement within a period of 30 days to :-
1 the H.E. the Governor : For employees of State Services
2 the Committee of Secretary, Department ofPersonnel and one other Secretary to Government to be nominatedby Chief Secretary in each case. : For employees other than State Services
Provided that before deciding the representation, comments of the appointing authority shall be obtained.
(5)In case it is decided to re-instate a prematurely retired Government servant in service after considering his representation, the authority shall pass order regarding the period intervening between the date of premature retirement and the date of re-instatement/ age of superannuation, as the case may be.Explanation - For the purpose of this rule, the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant is retired.]Notes 1. - The Government has the absolute right to retire a Government servant in public interest. This right is intended to be exercised against a Government servant whose efficiency is impaired, but against whom it is not desirable to make formal charges of inefficiency or who has ceased to be fully efficient but not to such a degree as to warrant his retirement on compassionate allowance. It is not the intention to use this rule as a financial weapon, that is to say, the provision should be used only in the case of Government servants who are considered unfit for retention on personal as opposed to financial grounds.