Introduction:
To be a member of the Civil Services of a country is a
great honor, but it also carries great responsibility to work fairly and
justly. However, every Civil Servant has to lay the robes of his office/post on
the eve of his retirement whether it is on direction of the competent authority
or by completion of the age of superannuation.
Relevant Provisions / Laws:
Section 13, 14 & 19 of the Civil Servants Act 1973.
Cross Reference:
Section of the K.P. Civil Servants Act 1973.
Meaning of Retirement:
The word retirement means to withdraw from Service, give
up office, or work go away.
Law Regarding Retirement from Service:
Retirement Under the Direction of Competent Authority:
A Civil Servant retirement shall
retire from Service on such date after he has completed twenty (20) years of
Service qualifying for pension or other retirement benefits as the competent
authority may, in the public interest direct.
·
The opportunity of Hearing and Show Cause:
Before passing any order of
retirement an opportunity of showing cause, against the grounds on which the
direction of retirement is made, shall be given to the Civil Servant whose
retirement is sought.
Retirement by Completion of The Age of Superannuation:
A Civil Servant shall retire on
the completion of the sixtieth (60th) year of his age.
Employment After Retirement:
According to section (14) of a
retired CSA 1973 Civil Servant shall not be re-employed under the Federal
Government, unless;
·
Such re-employment is necessary in the public
interest and
·
Is made with prior approval of the authority
next above the appointing authority.
Where the appointing authority is the president then such
re-employment may be ordered with the approval of the president.
Private Employment After Retirement:
A Civil Servant may during leave
preparatory to retirement, or after retirement from Government Service, seek
any private employment but subject to conditions that he shall obtain prior
approval of the competent authority, where employment is sought by a Civil
Servant while,
·
On leave preparatory to retirement or,
·
With two years from the date of his
retirement.
Retirement Entitles A Civil Servant to Pension and
Gratuity:
A Civil Servant shall be entitled
to receive, on retirement from Service, such pension or gratuity as may be
prescribed by Law.
In the event of death, whether
before or after retirement, his family shall be entitled to receive such
pensions or gratuity or both as may be prescribed by Law.
Pension means a fixed sum paid regularly to a retired Civil
Servant or on his death to his family members accordingly.
Gratuity: Something given by the Government voluntarily for some
Service, or a sum of money paid to an employee at the end of the period of
employment.
Provisionally payment of anticipatory pension or.
Gratuity to A Retired Civil Servant or His Family:
If the competent authority failed
to determine beyond one month of the date of retirement or death the amount of
pension or gratuity admissible to a Civil Servant. He or his family shall be
paid provisionally such anticipatory pension or gratuity a may be determined by
prescribed authority according to the length of Service of a Civil Servant
which qualifies for pension or gratuity.
Any overpayment consequent on such
provisional payment shall be adjusted against the amount of pension or gratuity
fair rally determined as payable to such Civil Servant or his family as the
case may be.
Conclusion:
To conclude from the above
discussion firstly a person is recruited to Civil Service by initial
appointment and his Service ends on the Eve of retirement after successful
completion of his tenure of Service retirement gives rise to entitlement to
receive gratuity and pension accordingly.
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