Upgrad LLM

compulsory retirement fr 56


Dear Sir

I require a clarification on the case of a CMD (Driver) Group C Govt Employee

As per FR 56 a review has to be carried out 6 months prior to achieving 55 years of agein respect of group c employees 

this was done in the case of the driver and case not recommended for extension of service beyond 55 years of age based on his past record which was not very good--the case was sent  to the review committee-

there has been no reply from the administrative deptt at delhi till date

the driver has crossed 55 years of age as of Jul 2018

it is now intended to send the driver on compulsory retirement under FR 56 in the public interest without any disciplinary proceedings/inquiry etc-- he will be eligible for pension also

however there is a doubt if the driver can be sent on CR under FR 56 since the review committee has not yet given its reply for the extension in service--i feel that we can go ahead with the CR since the driver has already crossed 55 years as of jul 2018 and the CR works on the pleasure doctrine where the appointing authority can invoke FR 56 so long as no stigma is attached to the driver  and it is n the public interest

 

please advise

Regards 

JS Bibra

 
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any answer from the learned panelists

 
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