Yogender Kumar v. District And Sessions Judge, Hisar
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"144. Premature retirement after attaining the prescribed age or qualifying service.- The appointing authority shall, in
public interest, have the absolute right to retire prematurely a Government employee of any Group, other than of Group D, on account of inefficiency after attaining the prescribed age irrespective of his length of service or after completion of twenty years' qualifying service irrespective of his age, by giving him a notice of not less than three months in writing or pay and allowances in lieu of notice period.
The minimum age prescribed for the purpose, except in case of twenty years' qualifying service, is─ (i) 50 years for the Government employees who are working on a post of Group 'A' or 'B' and joined service on any post before attaining the age of thirty five years; (ii) 55 years for the Government employees who are working on a post of Group 'A' or 'B' and joined service on any post after attaining the age of thirty five years; and (iii) 55 years for Government employees working on Group C posts : Provided that in the case of Judicial Officer, the case for retention in service beyond the age of fifty3eight years shall be considered by the competent authority before he attains such age, irrespective of his date of entry into Government service. Note 1.
- (i) The provision of this rule may be initiated against a Government employee 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 (i.e. when a Government employee's value is clearly incommensurate with the pay which he draws) but not to such a degree as to warrant his retirement on a compassionate ground.
intension to use the provisions of this rule as a financial weapon, that is to say, the provision shall be used only in the case of Government employees who are considered unfit for retention on personal as opposed to financial grounds; and (ii) in cases where reputation for corruption, dishonesty or infamous conduct is clearly established even though no specific instance is likely to be proved under the Haryana Civil Services (Punishment and Appeal) Rules, 2016 or the Public Servants (Inquiries) Act, 1850 (37 of 1850).
Note 2.- Authority competent to retire under this rule shall carefully examine the record of the Government employee whether he has completed prescribed age or qualifying service, as the case may be, with particular reference to his integrity or otherwise; and if it is desirable in the public interest that he should be retired, action shall be taken accordingly. Note 3.─ The Government employee shall be given a reasonable opportunity to show cause against the proposed premature retirement under this rule. In case of gazetted Government employee, approval of Council of Ministers shall be obtained and in the case of non3gazetted Government employee the Head of Departments shall effect such retirement with the previous approval of the Administrative Department. In all cases of such retirement the Haryana Public Service Commission or Haryana Staff Selection Commission, as the case may be, shall be consulted.
Note 4.─ Heads of Departments shall report to Government in each quarter, the action taken under this rule." "
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