Clarification on withdrawal and acceptance of notice of Voluntary Retirement

Amendment of All India Service (Death Cum Retirement Benefits) Rules, 1958 in terms of the provisions in CCS(Pension) Rules, 1972

Clarification on withdrawal and acceptance of notice of Voluntary Retirement

No.24012/04/2016-AIS (II)
Government of India,
Ministry of Personnel, Public Grievances and Pension
(Department of Personnel & Training)
AIS II(Pension)

North Block, New Delhi
Dated: 27/12/2016

To
All Chief Secretaries of States/UTs

Subject: Amendment of All India Service (Death Cum Retirement Benefits) Rules, 1958 in terms of the provisions in CCS(Pension) Rules, 1972.

Sir,

I am directed to state that this Department is proposing to insert provision for withdrawal and acceptance of notice of Voluntary Retirement in the All India Service (Death Cum Retirement Benefits) Rules, 1958 under Rules 16(2) as 16(2-B) and 16(2-C), as provided in the relevant rules of CCS(Pension) Rules, 1972 i.e. under Rule 48 & 48-A as
under:

16(2-B) A notice of voluntary retirement given by a member of the service under subrule 2 and 2-A above, may be withdrawn by him, provided the request for such withdrawal shall be received within the intended date of his retirement by the Competent Authority.

16(2-C) Where a notice of voluntary retirement is given by a member of the service under sub-rule 2 above and the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

Provided that in cases, where no order is issued by the State Government, then after the expiry of the notice period, the Central Government may issue orders to give effect to this sub-rule.

2. All the State Governments/UTs are requested to convey their comments on the proposed amendments as required under Clause 3 of the AIS Act, 1951 latest 07/01/2017 positively. If no comments are received by the stipulated date, it would be assumed that the concerned States/UTs are in agreement with the proposed amendments.

Yours faithfully,
(Rajesh Kumar Yadav)
Under Secretary to Govt. of India

Source : DoPT