conclusion
that the decision to retire the applicant under
FR 56 (j) is not tenable in law and thus we quash
and set aside ... impugned
order dated 22.7.2016 compulsorily retiring the
applicant from service under FR 56 (j) is legally
sustainable."
7. In pursuance of letter dated
Accordingly, an amendment to this effect was carried out by
inserting FR 56 (bb) with a proviso inserted thereunder vide
notification dated ... issuance of notification dated 31.05.2016 substituting the existing
clause (bb) of FR 56 by the following provision:
"(bb) The age of superannuation in respect
FR 56 in chapter 9 of the FR/SR. The said chapter deals with retirements.
FR 56 in so far as it is relevant, reads ... retirement in respect of Central Government servants is
covered by FR 56. We have already quoted the relevant extract from the
said rule. The first
date of his joining services. In terms of Note-6 below FR 56 an
alteration of date of birth of government servant can be made ... 00269/2017/CAT/BANGALORE
(c) below FR 56 has not been satisfied so as to alter the date of birth of the
applicant (Annexure
posted in the Ministry of Defence, was
given premature retirement under FR 56(j), vide DOP&T
OM No.21/19/2015 ... conclusion that the premature retirement of the
applicant under FR 56 (j) shall stand. Aggrieved by this
order, the applicant has filed the instant
aside amendment by way of insertion of proviso to FR
56 (bb) vide notification dated 22.03.2017 & 05.01.2018.
(v) Any other relief which this ... ultra vires, amendment by
way of insertion of proviso to FR 56(bb) vide
Notification dated 22.3.2017 (Annexure A-1A) and
further direct to allow
Subject : Voluntary retirement under FR 56(k), etc.
and amendment of Rules.
The provisions of Fundamental Rule 56(k), 56(m)
and Rule ... Department of Pension and Pensioners Welfare and
the Ministry of Law. FR 56(k) and 56 (m) have been
amended vide Extra Ordinary Gazette Notification
accepted that the case of
the applicant is governed under FR 56(k)(1), as he had already
completed 55 years of service, we also ... misconduct, are pending.
9. On perusal of the above provisions of FR 56 (k)(l) we also
find that FR 56(k)(1) also stipulates
employee is one governed by a contract of
employment. Since FR 56 is a statutory condition
of service which operates in law, without
reference ... contract of employment, there is
nothing inconsistent between Rule 119 and FR 56.
16. The appellant has voluntarily retired by
giving three months' notice
take a final view. The rules are :
A. Fundamental Rule (FR) 56 (a) :
Respondents claim that as per Fundamental Rule, FR 56 (a), every
Government ... from 16.12.1995 and 3.12.1995 respectively but because of the
provision of FR 56, they were allowed to retire till the last date of the
month
