New retirement rules: Axe falls on JKBOSE orderly at the hands of chairperson serving on two-year extension

Srinagar: Implementing the new rules that allow the administration to retire government employees at any time after completing 22 years of service or attaining the age of 48 years, the Jammu and Kashmir government has prematurely retired its first employee.

According to an order accessed by Kashmir Bylines, The Jammu and Kashmir Board of School Education has prematurely retired one of its employees, stating that he has already completed 27 years of service on October 14, 2020.

“In exercise of the powers conferred by Article 226 (2) of the Jammu and Kashmir Civil Services Regulation, the Chairman J&K BOSE hereby gives notice to Mr Fayaz Ahmad Siraj, Orderly, that he having already completed 27 years’ service on 14-10-2020 shall retire from service with effect from forenoon of December 1, 2020,” reads the order issued by the Board Chairman, Veena Pandita.

The order reads that “the Chairman is of the opinion that it is in the public interest to do so”.

Pandita said the retired employee is allowed three months’ pay and allowances in lieu of three months’ notice.

Ironically, the J&K government in June this year extended Pandita’s term as JKBOSE Chairperson for a period of two years.

Pandita, who was appointed as JKBOSE Chairperson on April 5, 2018, was due to retire in April this year. However, her term was extended by a month initially and later by two years till June 30, 2022.

Pertinently, on October 22, J&K’s Civil Services Regulation rules were amended to allow the administration to retire government employees at any time after completing 22 years of service or attaining the age of 48 years.

The employees can be retired after being given three-month notice or three months of pay and allowance in lieu of the notice, the official said.

On the orders of Lieutenant Governor Manoj Sinha, the administration introduced certain substitutes in 226(2) Article of Jammu and Kashmir Civil Service Regulations.

A notification issued by Finance Department in this regard stated that in exercise of powers conferred under provision to Article 309 of Indian Constitution, Lieutenant Governor has directed that Article 226(2) of Jammu and Kashmir Civil Service Regulations may be substituted as “226 (2): (a) Notwithstanding anything contained in these Regulations, government may, if it is of the opinion that in the public interest to do so, require any government employee other than one working on a post which is included in Schedule II of these rules, to retire at any time after he/she has completed 22 years of qualifying service or on attained 48 years of age.

The notification, however, said the employee can be retired provided the appropriate authority gives a notice at least three months before the date on which he/she is required to leave or three months of pay and allowance in lieu of such a notice, the spokesperson said.

The employee shall be granted pensionary benefits admissible under these rules on the basis of qualifying service put in by him/her on the date of the retirement, the spokesperson added.

According to the official, the notification states, “A government servant who is retired immediately after allowing him pay and allowances in lieu notice will be entitled to pension from the date of such retirement and the pension shall not be deferred till after the expiry of the three months for which he is paid pay and allowances.”

Setting the time schedule to be followed, it stated that the exercise of review of performance of the government servants will be initiated for each employee for the first time after her/his completion of 22 years of service or attaining 48 years of age and any time subsequently, as may be required.

The notification further stated that a register of the government employees, who are due to attain the age of 48 years or to complete 22 years of service, has to be maintained by the administrative department.

The register should be scrutinised at the beginning of every year by officers to be nominated by the administrative department concerned and the review be undertaken as mentioned in sub-clause (b), the notification read.

The spokesperson said there is no bar on the government to review any such case again where it was decided earlier to retain the officer, but the administrative department is of the opinion that it is expedient to undertake the review again on account of changed circumstances, in public interest.