COMPULSORY RETIREMENT AS A MEASURE OF PUNISHMENT
An employee may be retired compulsorily as a measure of punishment. The authorities, who propose to impose the punishment of compulsory retirement, shall satisfy themselves, after verifying the service Book of the employee concerned, that he has put in not less than 10 years of qualifying service, to make him eligible for pension. Any order passed without ascertaining the fact whether he is entitled to draw pension, will be bad in law.
2. Every employee of the Board, who is compulsorily retired, shall be entitled to submit, within a period of one month from the date on which the order on compulsory retirement was communicated to him, a petition of the Board for review of the orders passed. (B.P. No. 175 dated 28-12-83).
3. The Government has no say regarding the review as well as appeal in respect of the employees of the T.N.E.B. compulsorily retired. The Board itself is competent to review and examine the appeals of compulsorily retired employees. (U.O.No. 34482 dated 7-11-83).
4. An employee, who has been placed under suspension pending enquiry, should not be dismissed or removed or compulsorily retired from service retrospectively from the date on which he was placed under suspension. The orders in such a case should take effect only from the date of issue of orders thereof. (B.P. No. 108 dated 10-3-87).
5. No weightage in service shall be admissible to persons compulsorily retired. (B.P. No. 51 dated 22-6-88).
6. If an employee who was compulsorily retired is reinstated on appeal, the period between the date of compulsory retirement and the date of reinstatement will be treated as duty period and such an employee is entitled to pay and allowances, less the pension already received. (B.P. No. 363 dated 21-9-87).
7. Even though the period between the dates of compulsory retirement and reinstatement is treated as duty, deputation allowance and additional charge allowance need not be given to an employee, who was on deputation or holding additional charge on the date of compulsory retirement. (Lr. No. 331336 dated 18-7-83 of Govt. and B.P. No. 204 dated 1-6-84).
8. If an employee under suspension continues under suspension after the date of superannuation in view of the pending Disciplinary proceedings against him and is fully exonerated from the charges against him later, he shall be paid Dearness Allowance as admissible on superannuation and H.R.A. and C.C.A. as admissible prior to the date of superannuation for the period from the date of superannuation till the date on which final orders on the Disciplinary proceedings were issued. (B.P. No. 106 dated 28-4-94).
9. Whenever a Board employee is compulsorily retired and is ordered to be reinstated in service consequent on the examination of the review petition to the Board or on the basis of orders of a Court, a supernumerary post shall be created, if the post has already been filled up from the date of his compulsory retirement, till the date of his rejoining duty or superannuation as the case may be. (B.P. No. 328 dated 30-11-84 and 267 dated 14-10-91).
10. When an employee is compulsorily retired, under F.R. 56(d) the D.Ps. that are being pursued against him shall be dropped and no action need be pursued in such cases. (B.P. No. 10/18-1-83).
B. MATTERS RELATED TO EARNED LEAVE G.P.F AND D.C.R.G. OF EMPLOYEES COMPULSORILY RETIRED
11. The employees of the Board, who are retired compulsorily from service as a measure pf punishment, are permitted to encash the Earned leave at their credit on the date of such compulsory retirement, subject to a maximum of 240 days. (B.P. No. 83 dated 3-9-86).
12. At the time of final retirement of compulsorily retired and reinstated employee, the Earned leave at credit minus the surrender already allowed on the date of compulsory retirement can be allowed.
13. A reinstated person may be required to repay any amount paid to him from G.P.F. with interest thereon and the amount so repaid shall be credited to his account in the G.P.F.
14. D.C.R.G. already paid shall be adjusted against the pay and allowances admissible to the extent possible. The balance D.C.R.G. may be allowed to be retained by the employee on payment of simple interest as prescribed for G.P.F. for the corresponding period. The amount to be retained will be adjusted against the final D.C.R.G. becoming due on final retirement and the balance, if any, paid to him. (B.P. No. 204 dated 1-6-84).
15. The suspension period of employees who have been dismissed or removed from service and the punishment subsequently modified as one of compulsory retirement and the suspension period of any employee who has been compulsorily retired as a measure of punishment shall be regularised as per service Regulation 57-A/11 of T.N.E.B. Service Regulations. (B.P. No. 322 dated 28-11-89).