Crackdown on Government Employees In J&K UT

Non-performers, dead-woods and employees with doubtful integrity under 50-55 age group, 30 Yrs of service likely to be shown doors to ensure efficiency and speed in the functioning of the government

K. Koushal and Sanchita Raina

Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training (DoPT) has issued instructions for undertaking a periodic review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service prematurely.

In a major crackdown on government employees with ‘doubtful integrity’, the Ministry directed all Ministries/Departments to undertake periodic review of all officials.

“Since Jammu and Kashmir has been transformed into Union Territory, all the government servants come under the ambit of this circular,” said senior government officials, wishing anonymity. He added that the move has been induced to ensure efficiency and speed in the functioning of the government.

“According to these guidelines, a regular review of government servants in the age group of 50 to 55 years will be done and those found with doubtful integrity will be compulsorily retired for the sake of public interest,” said the official, adding that as part of the review exercise of public servants, a register has to be maintained of government servants who are due to attain the age of 50/55 years or complete 30 years of service.

The circular issued by DoPT reads, “In order to bring in better clarity to the existing instructions and enable uniform implementation, an effort has been made to review, consolidate and reiterate the guidelines so far issued on the subject at one place.”

As per the circular, the objective of Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS (Pension) Rules, 1972, is to strengthen the administrative machinery by developing responsible and efficient administration at all levels and to achieve efficiency, economy and speed in the disposal of government function.

As per FR 56(j), “The Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice – (i) If he is, in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years; (ii) In any other case after he has attained the age of 55 years.”

Under FR 56(l), “Notwithstanding anything contained in clause (j), the Appropriate Authority shall, if it is of the opinion that it is in the public interest to do so, have the absolute right to retire a government servant in Group C service or post who is not governed by any pension rules, after he has completed thirty years’ service by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice.”

The DopT has outlined a quarterly review and time schedule which shall be followed for undertaking the exercise of review of performance of government servants.

The register should be scrutinized at the beginning of every quarter by a senior officer in the Ministry/Department/Cadre and the review be undertaken according to the above schedule so as to ensure timely completion of the review for retention/pre-mature retirement of the government servants.

DoPT has also prescribed the composition of the Review and Representation Committee. The concerned Secretary of the Cadre Controlling Authority (CCA) will constitute Review Committees of two members at appropriate level.

The broad criteria to be followed by the Review Committee include government servants whose integrity are doubtful, shall be retired.

Government servants found to be ineffective shall also be retired. The basic consideration in identifying such Government servants should be their fitness/competence to continue in the post held.

No Government servant 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. However, in a case where there is a sudden and steep fall in the competence, efficiency or effectiveness of a government servant, it would be open to review such a case also for premature retirement, DoPT said.

No Government servant should ordinarily be retired on ground 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.

There is no such stipulation, however, where the government servant is to be retired on grounds of doubtful integrity. In case of those government servants who have been promoted during the last 5 years, the previous entries in the ACRs may be taken into account if he was promoted on the basis of seniority cum fitness, and not on the basis of merit.

The recommendations of the Review Committee will be put up for consideration and approval of the Appropriate/Appointing Authority in those cases, where it has been recommended to retire the government servant prematurely.

After issue of the orders of premature retirement, the concerned government servant may put up representation for orders otherwise, within three weeks from the date of service of such notice/order and the matter may be placed before the Representation Committee.