Entitlements after long extra ordinary leave

I am a confirmed Himachal Pradesh government employee (Education Department). I am 40 years of age and have 11 years of continuous service (excluding EOL). Currently, I am on EOL (Extra-ordinary leave- other then medical grounds) since 4.5 years. Due to family reasons I want to take premature retirement. 1. I want to know, will I be eligible for pension, superannuation and gratuity, if I take premature retirement now? 2. Also if I apply for NOC to the department to take up a job in a private college in Mumbai, will it weaken my case for retirement benefits? Will the department provide me NOC? 3. Can I resign while I am on EOL (Extra-ordinary leave- other then medical grounds) without joining the service?

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Dear Sir/madam,

Going through the Yearbook for Central Government Employees and talking about the Extra-ordinary Leave to Temporary Employee”, the maximum time limit of leave and absence is 5 years that is available to a permanent employee.

As per Central Civil Service (Leave) Rules, 1972 – Leave Rule – 32(1) of the said Rules talks about the same. Being a permanent employee of the central government and falling under the category of the above mentioned Rules, should not hamper your decision of taking a premature retirement.

Pointwise reply to the above questions :-

  1. As far as full pension benefits are concerned, one is entitled to it – on the completion of atleast a period of 33 years in service. Age of superannuation is 60 years for central government employees. However, a person gets entitled to superannuation – on the completion of a minimum of 10 years of service. But the service needs to be a continuous one. Gratuity benefits are calculated as 12x times the emoluments.[1]
  2. In our opinion, the department does not issue any sort of NOC to its existing employees, to take up a job outside the department. An existing employee would mean – one who is mentioned on the pay rolls of the said department.
  3. The query asked seems a doubtful condition, as when such applications are made – the request for a premature retirement may be negated with a reason to first ask the person to join work and then subsequently give a fresh notice period of 3 months.[2]

 

 


[1] http://www.pensionersportal.gov.in/sixthCPC/paycommissionreport.pdf

[2] http://www.tnrd.gov.in/Establishment/linkfiles/lr_par_073081_92_pg606.pdf

Answered on February 17, 2017.
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