Advocate Ankit Tiwari

Questions Answered by Advocate Ankit Tiwari (25+ answers)

Q: Eligibility for Voluntary Retirement.

What should be minimum tenure of service and age of age of an officer in Central Govt Services to be eligible for Voluntary Retirement as per Provision 56(k) of FRSR?

Advocate Ankit Tiwari answered
1. Legal Framework:The provision you are referring to — FR 56(k)— is part of the Fundamental Rules and Supplementary Rules (FRSR) which govern service conditions of Central Government employees in India. However, this **does not relate to Voluntary Retirement (VRS)** but rather to **Compulsory Retirement in Public Interest** by the government.For Voluntary Retirement, the relevant rule is:3. Applicable Provision – Rule 48A of CCS (Pension) Rules, 1972 (now revised as per CCS (Pension) Rules, 2021)Rule 48A(1):> “At any time after a Government servant has completed twenty years’ qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service voluntarily.”### **Rule 56(m) of FRSR** also complements this:> “A Government servant may, by giving notice of not less than three months in writing to the appointing authority, retire from service voluntarily after he has attained the age of 50 years (for Group A & B officers) or 55 years (others), subject to qualifying service of 20 years.”---### **4. Analysis:**- **FR 56(k)** is used **by the Government to retire employees in public interest**, not a route for employees to seek VRS.- **For voluntary retirement**, the key provisions are: - **Minimum qualifying service: 20 years** - **Minimum age: 50 years for Group A & B officers who entered service before 35 years of age**, or 55 otherwise. - The officer must give **3 months' notice**.Thus, if a Group A officer wants to voluntarily retire, they must have:- Completed 20 years of service, and- Attained the age of 50 years.