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अनिवार्य सेवानिवृत्ति की तारीख से पहले निवृत्ति (LPR) पर सरकारी कर्मचारी का पुनर्नियोजनः नियम 65(1)


अनिवार्य सेवानिवृत्ति की तारीख से पहले निवृत्ति (LPR) पर सरकारी कर्मचारी का पुनर्नियोजनः नियम 65(1) के अनुसार यदि कोई राज्य कर्मचारी अनिवार्य सेवानिवृत्ति की तारीख से पहले निवृत्ति (LPR) पर चला गया हो तथा उसे ऐसे अवकाश में सरकार के अधीन किसी पद पर नियुक्त करने की आवश्यकता पडती हो व वह कर्मचारी कर्तव्य पर आने के लिये सहमत भी हो तो उसे सेवा में वापिस बुला लिया जायेगा और उसकी सेवा में उपस्थिति की तारीख से जो भी अवकाश का भाग बचा रहेगा वह निरस्त कर दिया जायेगा। ऐसा निरस्त किया गया अवकाश अस्वीकृत अवकाश माना जायेगा और वह अनिवार्य सेवानिवृत्ति की तारीख से या पुनःनियुक्ति की अवधि समाप्त होने के बाद स्वीकृत किया जायेगा।

Rajasthan Service Rule 65(1) -- Re-employment of Government servants on leave preparatory to retirement.—(1) When a Government servant who has proceeded on leave preparatory to retirement before the date of compulsory retirement is required for employment during such leave in any post under Government and he is agreeable to return to duty, he will be recalled to duty and the unexpired portion of his leave from the date of rejoining the duty will be cancelled. The leave so cancelled will be treated as leave refused and shall be granted from the date of Compulsory retirement or after the expiry of reemployment if the Government servant continues in service up to the date of compulsory retirement or beyond the aforesaid date, as the case may be.

NOTE *The amendment to Rule 65 made under Finance Department No. F. 35 (30)-R/52, dated the 12th July, 1952 will take effect from 1st April, 1951, the date from which the Rajasthan Service Rules come into force.{Inserted vide F.D. Order No.F.35(51) R/52, dated 11-4-1953.

Government of Rajasthan's Decisions. - 1. (1) A number of Government servants retired under Integration Department No.401-GD./Sec.lI dated 24-6-49, and No. 26.., Sec. II dated-14- 8-49, were re-employed temporarily before availing, in full or in part, of the leave due to them. The question as to their enjoyment of the leave not availed of and of its being counted towards service qualifying for pension has been examined by Government. After considering all aspects of the matter it has been decided that the Government servants concerned may be allowed to be treated as on leave until the leave is exhausted while performing duty on the post to which they have been re-employed and in that case they may be allowed to draw half the leave salary admissible in addition to the pay fixed on re-employment and to count the period of leave towards pension. If any Government servant so re-employed does not wish to take advantage of this concession, he may avail of the leave and draw full leave salary admissible during such leave on the termination of the re-employment. In that case the retirement will be deemed to have been effective before re-employment and the period of leave will not count towards pension.{Inserted vide F. D. Memo No. F. 35 (1) R/52. dated 6-2-1952

1.(2) In either case the leave shall not exceed the maximum extent of leave which could be availed of as leave preparatory to retirement under the rules of the unit concerned.

1.(3)The option with reference to para 1 must be communicated to the Accountant General through the Head of the Office before pension can be calculated.

2. A doubt has arisen whether clause (2) of rule 65 precludes recall of a Government servant from leave preparatory to retirement granted under Rule 89 ibid and the grant to him, if necessary of further extension of service. The intension underlying the aforesaid clause is not to fetter the discretion of the competent authority in the matter. When a Government servant, who has proceeded on leave preparatory to retirement under Rule 89, is re-called to duty during the period of such leave and is granted further extension of service, the unexpired portion of his leave will be cancelled and the leave already availed of treated as leave taken during the period of extension under proviso to rule 89.{Inserted vide F.D. Memo No. F. 35 (30) R/52. dated 6-1-1955.}

3. Leave salary to those who are allowed to take up employment during leave preparatory to retirement:- -Under paras2 and 3 of Rule 65 of Rajasthan Service Rules the leave salary of a Government servant who is permitted to take up other employment or private employment or employment payable from a local fund during leave preparatory to retirement or during refused leave under Rule 89 of R.S.R. is restricted as follows:— (i) In the case of a Government servant eligible for pension to the amount of pension which it is anticipated will be admissible to him on retirement, and (ii) In the case of a Government servant not eligible for pension, to the leave salary admissible in respect of leave on half average pay. It has been contended in this connection that the application of two different formula in the matter of restriction on leave salary, according as the officer concerned is eligible for pension or not, leads to certain anomalies and operates inequitably especially in relation to a pensionable employee who retires on a pension less than the maximum pension normally admissible under the rules. Since there is considerable force in the above contention and since it is desirable to ensure uniform treatment in this respect for all types cases, it was ordered in partial modification of clauses (2) and (3) of Rule 65 of Rajasthan Service Rules that in all such cases (including the case of a Government servant eligible for pension), the leave salary shall in future be restricted to the amount of leave salary admissible in respect of (leave on half pay.) These orders will have effect from the date of issue and past cases will not be re-opened. {Inserted vide F. D. Order No. 1416/ F. 7A (11) F. D. A. Rules/58 dated 24-4-1958}

4. (i) In cases where an officer who before retirement was in the employ of the Government of Rajasthan is re-employed before he has had an opportunity to avail himself of the leave which had been refused to him in the exigencies of public service under rule 89 of the Rajasthan Service Rules before the date of superannuation, and which could only be enjoyed by him after, the date of superannuation, the officer may be permitted, to avail himself of the unutilised portion of such leave on termination of the period of reemployment. (ii) The leave salary for the period of such leave would be the same as would have been admissible in the normal course but for re-employment reduced by the amount of pension and/or pension equivalent of gratuity and other retirement benefits. (iii) The leave salary for the refused leave which is permitted to be availed of on termination of the period of re-employment would be borne by the Department which would have borne it had the leave been enjoyed before reemployment and not postponed. (iv) To the extent the leave earned during the period of re-employment is not availed of during the period of re-employment itself, it will be allowed to be availed of on the termination of re-employment provided the refused privilege leave carried forward under para (i) above and the privilege leave allowed as terminal leave shall together not exceed the limits upto which privilege leave can be allowed at a time under Rule 89 of the Rajasthan Service Rules. (v) If a person has on the date of re-employment enjoyed a portion of the refused leave the leave admissible to him on finally demitting office after reemployment will be composed of the unavailed of portion of such leave, and the leave earned during the period of re-employment in such manner as the officer desires and the incidence of such leave salary will follow the manner in which the two leaves are combined. Formal sanction to such leave should be accorded by the authorities empowered to sanction it prior to and during reemployment. (vi) The privilege leave earned during re-employment shall be allowed to be availed of as terminal leave even though it may not have been formally applied for and refused in the exigencies of public service.{Inserted vide F.D No. 1760/56 F.I (f) (16F. D.)A./57, dated 30-10-1959, w.e.f. 30-6-1959.}

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