After much buzz on the periodic performance review of the central government employees, the Narendra Modi Government finally took a decision on 28th August 2020. The Department of Personnel and Training has issued an Office Memorandum on periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS (Pension) Rules, 1972.
Clarifying the objective of the move the DoPT Office Memorandum said, “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 functions. It is clarified that premature retirement of Government servants under these rules is not a penalty. It is distinct from ‘Compulsory Retirement’, which is one of prescribed penalties under CCS (CCA) Rules, 1965,” adding, “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.”
Elaborating upon the implications of the recent order in regard to the periodic performance review the DoPT Office Memorandum said, “The Appropriate Authority has the absolute right to retire a Government servant under FR 56(j), FR 56(l) or Rule 48 (1) (b) of CCS (Pension) Rules, 1972 as the case may be, if it is necessary to do so in public interest.”
On which central government employees will come under the purview of this DoPT order the Office Memorandum said, “Government may, at any time after a Government servant has attained the age of 50/55 years or completed 30 years of service, as the case may be, retire him pre-maturely in public interest. However, non-adherence to the time-lines as indicated in para 4 above due to certain administrative exigencies shall not take away the powers of Appropriate Authority to pre-maturely retire a Government servant under FR 56(j), 56(l) and Rule 48 of CCS (Pension) Rules, 1972. Therefore, review of a Government servant for the purposes of these Rules can be undertaken even after he has attained the age of 50/55 years in cases covered by FR 56 (j) or after he has completed 30 years of qualifying service under FR 56(l) / Rule 48 of CCS(Pension) Rules, 1972.”
The Office Memorandum said that a register of the Government servants who are due to attain the age of 50/55 years or to complete 30 years of service, has to be maintained. 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.