Voluntary Retirement of Group-A Officers - CBEC Instructions
IT is observed that of late, a number of notices given by the officers in Grade 'A' for seeking voluntary retirement/resignation from the service are sent to the Board at the fag end of the expiry of the prescribed notice period of three months and that too without providing the requisite documents, i.e., No Dues Certificate and Certificate regarding length of qualifying service rendered.
Board wants the notice for voluntary retirement/resignation must be forwarded to the Board within five working days of receipt of the same along with the requisite 'No Dues Certificate' and Certificate for length of 'qualifying service' rendered as on the date of the notice for VRS/resignation.
While forwarding the notice for VRS/resignation to the Board, a copy must simultaneously and invariably be endorsed to the Office of DG(Vigilance) and DS(Ad.v) with the request to send vigilance status in respect of the officer concerned direct to Ad.1I Section at the earliest, but not later than 10 days of receipt of the letter by DG(Vigilance)/Ad.v Section.
It is reiterated that no action will be taken in the Board on the notice for VRS/resignation received direct from the officer concerned without getting it routed through proper channel.
Board clarifies that the officer concerned who has given notice for VRS/resignation is not to be relieved of his duties till decision of the competent authority on the notice for VRS/resignation is conveyed to the Commissionerate by the Board/Ad. II Section. The officer concerned should be informed by the Chief Commissioner/Director General/Commissioner concerned that he continues on duty till the decision of the competent authority viz. Finance Minister is communicated by the Board.
Rule 56(3)(f) of the Fundamental Rules reads as
The appointing authority shall issue orders before the date of expiry of notice either accepting the voluntary retirement or not otherwise the Government servant shall be deemed to have been retired voluntarily from service at the end of the period of notice .
The Board's instructions seem to be illegal as per the above provisions. If the Board does not get the application rejected within the three months notice period, the Government servant is deemed to have retired.
Incidentally, the Member (P&V) in this communication says -
"8. A list of cases for acceptance during Feb., 2005 and still pending orders may also be submitted."
Since the Board is running ten years behind schedule, it should not ring any alarm bells for those officers who want to leave now!