Jammu and Kashmir government employees can now be retired after completing 22 years of service

Jammu and Kashmir's civil service regulation rules were amended on Thursday to allow the administration to retire government employees at any time after completing 22 years of service or attaining the age of 48 years, an official said.

The employees can be retired after being given three months 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 has introduced certain substitutes in 226(2) Article of Jammu and Kashmir Civil Service Regulations, the official said.

He said a notification was issued by the Finance Department in this regard.

The notification states that in the exercise of powers conferred under the 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, the 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 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 to 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 the 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 states 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 is 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 the public interest.