CHAPTER IX—COMPULSORY RETIREMENT

Audit instructions regarding rule 56

1. When a government servant is required to retire, revert or cease to be on leave, on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and the government servant must retire, revert or cease to be on leave (as the case may be) with effect from and including that day. * * *

1-A. Clause (a) * * * of Fundamental Rule 56 applies to all government servants to whom the Fundamental Rules as a whole apply, whether they be holding temporary or permanent posts substantively or in an officiating capacity. * * *

1-B. * * * The purpose of Fundamental Rule 56 is not to confer upon government servants any right to be retained in service up to a particular age, but to prescribe the age beyond which they may not be retained in service.

1-C. Fundamental Rule 56 is generally applicable to re-employed personnel, and the rules in Chapter XXI of the Civil Service Regulations are subject to the conditions laid down in Fundamental Rule 56. Article 520, Civil Service Regulations, however, from the nature of its concession and conditions, puts the re-employment of a person in receipt of a superannuation or retiring pension in a special class outside. Fundamental Rule 56 and subject to the conditions stated in the article itself which must be observed with every renewal of sanction.

Orders of the Governor regarding rule 56

Rule 56 shall not apply to patwaris in the Revenue Department except those in the Kumaun Division. The normal age at which patwari of the Kumaun Division should retire has been fixed at 55 years, subject to the condition that the Deputy Commissioner-in-charge, Kumaun Division, may, on public grounds, grant annual extensions up to the age of 60 years.

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