Amendment of Fundamental Rule 56.

§2

Summary

2. In rule 56 of tha Uttar Pradesh Fundamental Rules, published in the Financial Handbook, Volume II, Parts II to IV, as amended from time to time, hereinafter referred to as the said rule 56,- (i) the existing provisos to clause (a) and their Explanations shall be omitted (ii) after clause (b), the following clauses shall be inserted, namely:- (c) " Notwithstanding anything contained in clause (a) or clause (b), the appointing authority may, at any time, by notice to any Government servant (whether permanent or temporary), without assigning any reason require him to retire after he attains the age of fifty years ro such government 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 (d) The period of such notice shall be three months: Provided that- (i) any such Government servant may by order of the appointing authority, without such notice or by a shorter notice, be retired forth. with at any time after attaining the age of fifty years, and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, 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 montha, 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 Government servant to retire without any notice or by a shorter notice without requiring the Government servant to pay any penalty in lieu of notice: Provided further that such notice given by the Government 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 Government servant shall be informed before the expiry of his notice that it has not been accepted: Provided also that the notce once given by a Government servant under clause (c) seeking voluntary retirenent shall not be withdrawn by him except with the permission of the appointing authority. (e) 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 relevant rules to every Government servant who retires or is required or allowed to retire under this rule. Explanation-(1)The decision of the appointing authority under clause (c) to require the Government 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 Government servant is required or wants to retire: and the expression 'qualifying service' shall have the same meaning as in the relevant rules relating to retiring person. (4) Every order of the appointing authority requiring a Government servant to retire forthwith under the first proviso to clause (d) 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 Government 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."

2. In rule 56 of tha Uttar Pradesh Fundamental Rules, published in the Financial Handbook, Volume II, Parts II to IV, as amended from time to time, hereinafter referred to as the said rule 56,- (i) the existing provisos to clause (a) and their Explanations shall be omitted (ii) after clause (b), the following clauses shall be inserted, namely:- (c) " Notwithstanding anything contained in clause (a) or clause (b), the appointing authority may, at any time, by notice to any Government servant (whether permanent or temporary), without assigning any reason require him to retire after he attains the age of fifty years ro such government 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 (d) The period of such notice shall be three months: Provided that- (i) any such Government servant may by order of the appointing authority, without such notice or by a shorter notice, be retired forth. with at any time after attaining the age of fifty years, and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, 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 montha, 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 Government servant to retire without any notice or by a shorter notice without requiring the Government servant to pay any penalty in lieu of notice: Provided further that such notice given by the Government 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 Government servant shall be informed before the expiry of his notice that it has not been accepted: Provided also that the notce once given by a Government servant under clause (c) seeking voluntary retirenent shall not be withdrawn by him except with the permission of the appointing authority. (e) 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 relevant rules to every Government servant who retires or is required or allowed to retire under this rule. Explanation-(1)The decision of the appointing authority under clause (c) to require the Government 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 Government servant is required or wants to retire: and the expression 'qualifying service' shall have the same meaning as in the relevant rules relating to retiring person. (4) Every order of the appointing authority requiring a Government servant to retire forthwith under the first proviso to clause (d) 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 Government 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."

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