with Sh. Azhar Alam, learned counsel for the applicant referred to FR 56 (k) and Rule 48 of CCS (Pension) Rules, 1972 to submit that ... required when a Government servant applies for voluntary retirement under FR 56(k) and Rule 48 of the CCS (Pension) Rules. He draws his support
allow the
petitioner to proceed on VRS under FR 56 (k). As such, this Court
directed the petitioner to make a representation for VRS within ... retirement i.e., [FR 56
(j)/(l)] and Rule 48 of CCS (Pension Rules), 1972 and voluntary
retirement under FR 56 (k) and Rule
CPWD has taken the stand that in view of amendment in FR 56 (K)(I)(c) on 17.01.2014, on account of pendency of judicial proceedings ... taken by him in accordance with the provisions of FR 56 K(1) (c) as amended by the GSR.27 (E) notified
trial and disciplinary proceedings, suspension disentitles him for rctiral benefits under FR 56(k)(1)(c) and he has not been relieved. Official records have ... tendered. However, I may not lose sight of the provision of FR 56(k)(i)(c) which deals with three months' notice of retirement
Govt. servant exercises his right
under FR 56(c)."
It was again stated (p.447):
"FR 56 is one of the statutory rules ... Rules which contained a proviso similar to the
proviso (b) or FR 56(K) to the effect that "it shall be open
order of
compulsory retirement under FR 56(j) with an order of voluntary
retirement under FR 56(k)10 and opined that if voluntary retirement ... would visit the cessation of the service of the employee under FR-
56(j), at the will of the employer.
20. Significantly, in para
applicant under the provisions of FR 56(j) when the
-
9
voluntary retirement application under Rule FR 56(k) was
pending before ... rule 56(k) and the grant of
voluntary retirement is purely at the discretion of the
appropriate authority. Compulsory retirement under FR 56
exercises his right
under FR 56(c)."
It was again stated: (SCC p. 447, para 13)
"13. FR 56 ... Services Rules which contained a proviso similar to
proviso (b) of FR 56(k) to the effect that "it shall be
open
under:
i) The case under FR 56(j) are reviewed as per the
provisions laid down in FR 56()) and consolidated
guidelines issued vide DoPT ... 56(1)/Pr. CIT/PNJ/2020-21 dated 21.10.2021 while
exercising the power under FR 56(1) to retire Shri K.N.
Ravish, also ordered
dated 18.04.2007 which reads thus:-
To
The Principal
P.T.C.
J.K. Delhi
(Through Proper Channel)
Subject :- Notice for voluntary Retirement ... specified in the notice till such acceptance is communicated. As per FR 56 (k) (1) any government servant may give notice of not less than
