43. Retirement on completion of 20 years of qualifying service :
(1) A Government servant shall have the option to retire from service
voluntarily after he has put in not less than twenty years of qualifying service.
Provided that he gives a notice in writing of his intention to retire
voluntarily of at least three months to the authority which has power to make
a substantive appointment to the post from which he retires:
Provided further that [1
] a notice of the less than three months may also
be accepted by the competent authority.
2
[Provided also that, not withstanding anything in Rule 21, Extraordinary
leave availed, 3
(on any ground other than for prosecuting higher studies within
the State/outside the State/Country without receiving any payment except
stipends during the period of such leave from any source, but including on
medical certificate) shall not be reckoned as qualifying service for purposes
of arriving at the qualifying service of twenty years referred to in this rule]
Note:- A Government servant who has elected to retire under this rule
and has given the necessary intimation to that effect to the
appointing authority, shall be precluded from withdrawing his
election subsequently except with the specific approval of such
authority: Provided that the request for withdrawal shall be within the
intended date of his retirement.
(2) A Government servant retiring under sub-rule (1) shall be
entitled to a retiring pension :
Provided that such retiring pension shall be subject to the
provisions of the Rules (1), 8 and 9.
(3) Where a Government servant opts to retire under sub-rule (1)
while on leave not due, the retirement in such cases shall take
effect from the date when the leave not due commenced and
the employee shall refund the leave salary paid in respect of
such leave not due availed of by the employee.
(4) A Government servant opting for retirement under sub-rule (1),
shall not retire unless the notice given by him as per proviso
to sub-rule (1) is accepted by the competent authority :
Provided that the competent authority shall issue an order
before the expiry of the notice period accepting or rejecting the
notice.
2
[(5) Government servants opting for retirement under sub-rule (1)
shall be entitled to addition of service for purpose of Pension, a
service equal to the difference between the qualifying service
actually put in by him and the service he would have put in on
the date of superannuation had he continued in service or the
difference between such qualifying service and 3
[thirty three
years] whichever is less, subject to the condition that such
difference shall be limited to a maximum of 5 years]
Provided further that such a Government servant shall not be
eligible for weightage under Rule 29 of these rules.] (6) The option under sub-rule (1) shall not be admissible to a
Government servant on deputation to autonomous bodies/
corporations/companies/public sector undertakings or
institutions wholly or substantially owned by Government who
get absorbed in such public undertakings/autonomous bodies
or institutions, as the case may be.
(7) A Government servant retiring voluntarily under sub-rule (1) of
these rules shall be subject to Rule 10 of these rules.
Note :- Orders permitting/requiring a Government servant to retire after
completing twenty years qualifying service should, as a rule,
not be issued until after the fact that the officer has indeed
completed qualifying service for twenty years has been verified
in consultation with Pay and Accounts Officer, Hyderabad/Head
of Department/Head of office as the case may be, who
maintains service particulars/Book of the Government servant
concerned.
Executive Instructions
(i) Counting of periods of extraordinary leave availed by Doctors :-
The periods of extraordinary leave availed by the doctors during their
service for the purpose of prosecuting higher studies, within the State/outside
the State/Country, be counted for reckoning qualifying service for purpose of
voluntary retirement, only, provided that no payment is received them during
such periods from any source, excluding however, stipends.
(G.O. Ms. No.258, M&H Dept., dated 30-4-1983)
(ii) Counting of contingent service prior to conversion as last
grade service :-
(a) The contingent service prior to conversion of full time contingent
employees into last grade service converted in terms of G.O.
Ms. No.38, Fin.&Plg. Department, dated 1-2-1980 and G.O.
Ms. No.9, Fin. & Plg. Dept., dated 8-1-1981, will not count, for
purposes of completion of 20 years of qualifying service for
voluntary retirement. They should put in 20 years of qualifying
service exclusively under Government.(Circular Memo No.3016/104/Pen.I/85, dated 25-6-1985 and
Circular Memo No.13924-D/678/Pen.I/.90, dated 20-11-1990
Fin.& Plg. Dept.)
(b) The above instructions are modified and the contingent service
of full time contingent employees, prior to conversion into last
grade service was ordered to be counted for purposes of
computing twenty years of qualifying service for voluntary
retirement.
(G.O. Ms. No.19642-E/38/CC/Pen.I/91, dated 23-7-1992 of
Fin. & Plg. Dept.)
(iii) Expeditious settlement of applications:-
Whenever notice of voluntary retirements as per Rule 43 of
Andhra Pradesh Revised Pension Rules, 1980, are received
from Government servants, they may be settled expeditiously
as per the proviso to sub-rule (4) of Rule 43 of the A.P. Revised
Pension Rules, 1980, to avoid any unnecessary addition to
qualifying service even by granting extraordinary leave for the
period of delay.
(Circular Memo No.23915/483/Pen.I/86, dated 2-5-1988 of Fin.
& Plg. Dept.)
(iv) Procedure for permitting voluntary retirement:-
(a) when a notice of voluntary retirement is given under this
scheme, the authority competent to accept the notice shall
immediately review the case to see whether departmental
disciplinary or Court proceedings are pending or contemplated
against the Government servant seeking voluntary retirement,
which in this opinion are likely to culminate in major penalty of
dismissal or removal from service. The notice of voluntary
retirement may be refused in such cases by the competent
authority.
(b) The weightage under this scheme will be only an addition to
the qualifying service for purpose of pension and gratuity. It will
not entitle the Government servant to any notional fixation of
pay for the purposes of calculating the pension and gratuity which will be based on the actual emoluments calculated with
reference to the date of retirement.
(c) The amount of Pension to be granted after giving weightage
will be subject to the provisions contained in Articles 351 and
479 of Civil Service Regulations/Rules 236 and 238 of
Hyderabad Civil Service Rules.
(G.O. Ms. No.413, Fin. & Plg. (FW:Pen.I) Dept., dated 29-11-1977)