30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

 31.     Whether the GS can request for withdrawal of the resignation even if it has become effective?

The GS can request for withdrawal of the resignation even if it has become effective. The appointing authority may permit the withdrawal, if the period between the resignation (date of relief) and resumption of duty (rejoining after acceptance of withdrawal) does not exceed 90 days. If the period exceeds 90 days, sanction of the Government is necessary.

 

32.     Whether the official under suspension can avail LTC?

FR 55 prohibits the grant of leave to a GS under suspension. So, it is obvious that the GS cannot avail himself of the LTC facility. His family members can.

 

33.     Can a GS under suspension retire voluntarily?

A GS under suspension can retire voluntarily only with the prior approval of the competent authority, that is, the authority which has the power to make substantive appointment to the post from which the GS wants to retire.

34. If a GS under suspension attains the age of superannuation, whether he will be relieved and granted pension?

If a GS under suspension attains the age of superannuation, he should be provisionally pensioned off. He will be paid only provisional pension. No retirement gratuity will be paid to him until the conclusion of the proceedings against him. The competent authority may also withhold whole or part of cash equivalent of earned leave, if there is likelihood of some money becoming recoverable on conclusion of the proceedings.

 

35.     Which date shall determine the official under suspension for restoration in case of death of the officials?

When a GS under suspension dies, the period between the date of suspension and the date of death will be treated as duty for all purposes as laid down in FR 54-B(2).