CBEC Worried about Attrition - CBEC has mixed two Rules of Pension Rules; Rule 48 and 48A and issued a confused instruction?

By Vijay Kumar

DDT reported yesterday, the Board instructions on Voluntary Retirement. Responding to that Mr. SJ Singh, a retired Commissioner writes in.

Under Rule 48A, an officer has absolute discretion to opt for retirement after completing 30 years of service. Government can refuse to allow the request only if the officer is under suspension. Government has no discretion to refuse the request if the officer is not under suspension but otherwise facing disciplinary proceedings. The proceedings can continue as they due in the case of officer who superannuate but is facing disciplinary proceedings.

If the officer is not under suspension, he has, under Rule 48, an absolute right to proceed on retirement without assigning any reason. The government is neither required to accept the request nor has power to reject it. The notice becomes effective on the expiry of three months period. The officer is also allowed to avail the leave in his credit. The leave can be for the entire notice period, if there is a sufficient balance of leave. Government can, however, refuse the leave.

A formal order of VRS is required to be passed for office procedures. The retirement benefits are allowed to the officer only after the order is passed. The babus in the office shall not proceed to initiate the process of calculation and payment of the benefits unless they have the order from the competent authority accepting the retirement request of the officer. It is for this reason that the officers insist for the formal order on their request for retirement. In absence of the formal order the officer shall have to approach to the Tribunal/Court for obtaining his retirement benefits. The route of Tribunal/Court is both expensive and long.

As far as Rule 48A (VRS after 20 years of service) is concerned Government has the discretion to reject the request. Under this Rule government may ask for reasons for the request and examine its validity before taking decision on the request.

By issuing common instructions both for Rule 48 and 48A, the CBEC has, unfortunately, introduced the element of confusion. The field formations may not allow request for retirement under Rule 48 because of this Circular and the officers shall have to approach Tribunal/Court for the relief. The Tribunal/Courts in umpteen cases allowed the request. The Circular shall increase the non-productive work of the government and shall create avoidable bitterness in the mind of employee wanting to exercise the right granted to him under Rules.

I am stating the position in law as I also faced this situation. I was Commissioner of Central Excise and after completing 32 years of service I applied for voluntary retirement under Rule 48. Chairperson CBEC rejected my request without assigning any reason. In my case the appointing authority was the President of India and only the Finance Minister could have exercise the delegated power of the President. Chairperson was not competent to deal with my request. My representation to the CBEC against the decision of Chairperson never saw the light of the day. I had to make representation to the Finance Minister wherein I explained the legal position. Only on intervention of Finance Minister, my request to retire was accepted from the date of expiry of my notice period.

Would you please publish it in your columns so that offices who want to proceed on voluntary retirement have honourable exit route and have not to run from pillar to post to exercise their right ?

Another Netizen writes in:

What if I am being forced to take a decision which I think is potentially against the interest of the Revenue/Nation and it is backed by very powerful people in the department who operate only through telephonic instructions and if I continue and refuse to put my signature or put negative remarks, then these powerful people will see to it that my VRS application will be rejected. Hence if employee wants to continue working for three months during the notice period or quit working from that date of application itself should be the prerogative of the employee on VRS.

Once an employee decides to quit, there is no point in continuing him notwithstanding his above par skills that may be indispensable to the Government. I am not in agreement with this review and justification. if such a choice is given an employee will be condemned to bear with all the injustices he might be facing.