No.

25013/1/2013-Estt (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001

Dated :21 st March, 2014

Office Memorandum

Subject : Strengthening of administration Periodical review under FR 56 / Rule 48 of

CCS(Pension) Rules

Instructions exist on the need for periodical review of performance of Government

servants with a view to ascertain whether the Government servant should be retained in
service or retired from service in the public interest. Provisions in this regard are contained
in FR 56 0), FR 56 (I) and Rule 48 (1) (b) of CCS(Pension) Rules, 1972.

2. As per these instructions the cases of Government servant covered by FR 56(j), 56(1)
or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he /
she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30
years of qualifying service under FR 56(1) / Rule 48 of CCS(Pension) Rules, 1972 as per the
following time table:-

SI. Quarter in which review is to be made Cases of employees who will be

No. attaining the age of 50/55 years or
will be completing 30 years of
service or 30 years of service
qualifying for pension, as the case
may be, in the quarter.
1. January to March July to September of the same
year
2. April to June October to December of the same
year
3. July to September JanurytoMchfenxyar
4. October to December April to June of the next year

3. The procedure as prescribed from time to time has been consolidated and enclosed
as Appendix to this O.M.

4. All Ministries / Departments are requested to follow these instructions and

periodically review the cases of Govt. servants as required under FR 56(j)/FR56(1)/Rule
48(1)(b) of CCS (Pension) Rules,1972.

(B.Bandyopidiway)
Under Secretary to the Government of India
Tel.No.23040341

To

All Ministries / Departments Government of India as per standard list.

DoPT 0.M.No.25013/1/2013 Estt (A) dated

- March, 2014
 APPENDIX

Subject : Periodical review under FR 56 (j)

The appropriate authority has the absolute right to retire, if it is

necessary to do so in public interest, a Government servant under FR
56(j), FR 56(1) or Rule 48 (1) (b) of CCS (Pension) Rules, 1972 as the
case may be. The guidelines in this regard have been issued from time
MRA, DPAR
to time under the marginally noted office Memoranda which are
0.M.No.33/13/61-Estt
available in this Ministry's website:www.persmin.nic.in The procedure
(A) dated 23.6.1969
has been summarized below:-
MHA, DPAR
0.M.No.33/11/69-Estt FR 56 Pension Rule
(A) dated 23.10.1970 48(1)(b) of
CCS (Pension)
MHA, DPAR
Rules,
0.M.No.25013/5/76-
1972
Estt (A) dated
Category FR 56 (j) All Government
11.10.1976
Group 'A & B' officers: servants covered
MHA, DPAR by CCS (Pension)
0.14.No25013/13/77- who entered service before Rules,
Estt (A) dated-8111 35 ears of age and have 1972 who have

November, 1977. attained 50 years of age completed
30 years of
MHA, DPAR
Other cases: qualifying service.
OA:No.25013/14/77- -
Estt,_(A) dat08_5th
Attained 55 years of age
FR5601
lanum, 19713
A Govt. Servant in
M HA, Group IC' post who is not
(ININo.15013/9/80- governed by any Pension
Eku16)4 Rules, can also be retired
22.6.1982 after he has completed
DoPT
30 years service.
_0M.No.25033/30/85-
Eitt (A) -dated741
A983.1%.19 8 5,
Doer
0.14:No.25013/38/85-
Estt (A) dated 7m
March, 1986.

DoPT
0.NI.No25013/15/86- Notice 3 months or 3 months pay Three months or
Estt (A) dated 27m Period allowances in lieu Three months pay
June, 19136. thereof and allowances
in lieu
thereof.

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DoPT O.M.No.25013/1/2013-Estt (A) dated March, 2014
 :2:

2. The cases of Government servant covered by FR 56(j) , 56(1) or Rule 48(1)

(b) of CCS (Pension) Rules, 1972 should be reviewed six months before he / she
attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of
30 years of qualifying service under FR 56(1) Rule 48 of CCS(Pension) Rules, 1972.
Time Schedule for review is as under:-

SI. Quarter in which review is to be made Cases of employee who will be

No. attaining the age of 50/55 years or
will be completing 30 years of
service or 30 years of service
qualifying for pension, as the case
may be, in the quarter indicated
below to be reviewed
1. January to March July to September of the same
year
2. April to June October to December of the same
Year
3. July to September January to March of the next year
4. October to December April to June of the next year

A register of employees who are due to attain the age of 50/55 years or complete 30
years of service to be maintained. The register shbuld be scrutinized at the
beginning of every quarter by a senior officer in the Ministry / Department and the
review undertaken according to the above schedule.

3. It may be noted that Compulsory Retirement as a penalty under CCS (CCA)

Rules, 1965 is distinct from the above provisions.

4. In order to ensure that the powers vested in the appropriate authority are
exercised fairly and impartially and not arbitrarily, following procedures and
guidelines have been prescribed for reviewing the cases of government employees
covered under the aforesaid rules:

The cases of Government servants covered by FR 56 (j) or FR 56 (I) or Rule

48(1)(b) of the CCS (Pension) Rules should be reviewed six months before
they attain the age of 50/55 years or complete 30 years service / 30 years of
qualifying service, whichever occurs earlier,

Committees shall be constituted in each Ministry / Department / Office, to

which all such cases shall be referred for recommendation as to whether the
Officer concerned should be retained in service or retired from service in the
public interest.

5. The criteria to be followed by the Committee in making their

recommendations would be as follows:-
(a) Government employees whose integrity is doubtful, will be
retired.
(b) Government employees who are found to be ineffective will also
be retired. The basic consideration in identifying such employee
should be the fitness/competence of the employee to continue in
the post which he/she is holding.

Contd...

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DoPT O.M.No.25013/1/2013-Estt (A) dated March, 2014
 :3:

(c ) While the entire service record of an Officer should be

considered at the time of review, no employee should ordinarily
be retired on grounds of ineffectiveness if his service during the
preceding 5 years or where he has been promoted to a higher
post during that 5 year period, his service in the highest post,
has been found satisfactory.

Consideration is ordinarily to be confined to the preceding 5

years or to the period in the higher post, in case of promotion
within the period of 5 years, only when retirement is sought to be
made on grounds of ineffectiveness. There is no such
stipulation, however where the employee is to be retired on
grounds of doubtful integrity.

(d ) No employee should ordinarily be retired on ground of

ineffectiveness, if, in any event, he would be retiring on
superannuation within a period of one year from the date of
consideration of his case

Ordinarily no employee should be retired on grounds of

ineffectiveness if he is retiring on superannuation within a period
of one year from the date of consideration of the case. It is
clarified that in a case where there is a sudden and steep fall in
the competence, efficiency or effectiveness of an officer, it would
be open to review his case for premature retirement..

The above instruction is relevant only when an employee is proposed

to be retired on the ground of ineffectiveness, but not on the ground of
doubtful integrity. The damage to public interest could be marginal if an old
employee, in the last year of service, is found ineffective; but the damage may
be incalculable if he is found corrupt and demands or obtains illegal
gratification during the said period for the tasks he is duty bound to perform.

6. The Supreme Court had not only upheld the validity of FR 56(j) but also
held that no show-cause notice need be issued to any Government servant
before a notice of retirement is issued to him under the aforesaid provisions.
The appropriate authority defined in Note 1 below FR 56 should bonafide form
an opinion that is in the public interest to retire the Government servant in
exercise of the powers conferred by that provision and this decision should
not be an arbitrary decision or should not be based on collateral grounds.
Accordingly, in every case where it is proposed to retire a Government
servant in exercise of the powers conferred by the said rule, the appropriate
authority should record in the file its opinion that it is necessary to retire the
Government servant in pursuance of the aforesaid rule in the public interest.
The order to be served of the Government servant would of course be on the
form prescribed for the purpose.

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DoPT 0.M.No.25013/1/2013-Estt (A) dated March, 2014
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7. Detailed instructions on the procedure, criteria for assessment, issue of

notice etc. are contained in the Office Memoranda indicated at page 1 of this
Appendix and may be referred to.

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DoPT 0 .M.No.25013/1/2013-Estt (A) dated March, 2014