Re-Employment of Govt. Servants after Retirement – Principles

Government of West Bengal
Cabinet Secretariat

Cab. C.No.4, Dated: 22.06.1998

CIRCULAR

Sub: Re-employment of Government Servants after retirement-Principles regarding.

1. In supersession of earlier circulars, on the subject, the Government have decided to lay down the following principles/procedures to be followed for re-employment of Government servants.
1. Unless special reasons exist, a Government employee shall cease to be employed after his present term of re-employment even though he has not attained the 60 years. A Government employee may, however, be re-employed, only on specific written orders of the Government. A Government employee should not be re-employed for his personal benefit and re-employment must be only in exceptional and unavoidable circumstances and subject to the procedure laid down in para 2 of this circular.
2. The Department/ Officer concerned are to arrange substitutes well in advance for Government employees who are due to superannuate. Such attempts should normally begin between one year and six months prior to superannuation, depending on the nature of the post.
3. No one should be re-employed if a serving officer can be found as a substitute. When a suitable serving officer is not available, the superannuated officer may be granted re-employment for six months and attempts should be made to select the substitute before the expiry of the six month period.
4. If a Government employee with expert qualifications or experiences be considered indispensable for any post, he may be re-employed for such time as may be necessary to find/train up a suitable substitute, subject to the terms and conditions as laid down.
5. Government employed on deputation to State Government undertakings, Commissions, Corporations etc, should not be kept in employment beyond 60 years of age without the prior approval of the Cabinet for which exceptional and unavoidable circumstances should exist Provisions of sub-para (i) of para 1 above will also apply.
2. All proposals for re-employment, where special reasons exist, have to be sent with detailed justification, to the Cabinet Secretariat at least three months in advance.
3. The Cabinet Secretariat will then present the proposals to the Appointments Committee of the Cabinet for analysis and evaluation. The Appointments Committed may after considering the matter decide, either to reject the proposal or to forward the same with its recommendations for consideration by the Cabinet or act otherwise.
4. No case should be put up to the Cabinet for ex-post facto approval or as a option case.
5. The provisions of this circular will take immediate effect. Those cases which are under process in accordance with the earlier circulars on the subject will cease and will have to confirm to these provisions.
6. This should be circulated for the guidance of all concerned subordinate offices including Public Sector Undertakings, etc.

Sd/- M. Gupta
Chief Secretary & Cabinet Secretary

No. 5276-F, Dated: 20.07.1998

Copy forwarded for information & necessary action to:-

Whereas, the Government of West Bengal vide Order No. 3830-F dated 15th May 1998 have decided, in partial modification of Rule 75(a) of W.B.S.R. Pt. I, that Government employees belonging to Groups ‘A’, ‘B’ & ‘C’ as in the case of Group ‘D’ will retire from service on attaining the age of sixty years.

2. Now, therefore the Governor is pleased to decide that no Government employee belonging to the above four groups should hence-forth, be re-employed after superannuation, that is beyond the age of sixty years. This order shall apply, mutatis-mutandis, to all State Government employees on deputation to State Government Undertakings, Autonomous Bodies, Commission, Corporations, Government managed Companies, etc. State Government employees and/or any Government employee in the aforesaid organisations, should not be allowed to continue in service after 60 years in anticipation of approval, in any form. No department of the Government should send any proposal for re-employment of any Government employee who has attained the age of 60 years to the Cabinet Secretariat.
3. State Government employees who have retired prior to 15th May 1998 and are re-employed presently including those re-employed earlier while on deputation to Public Sector Undertakings, Autonomous Bodies, Commissions, etc. should remain, employed only till their present prescribed tenure of re-employment is over. Provisions envisaged in para 3 above will apply only in exceptional and unavoidable circumstances.
4. This should be circulated for the guidance of all concerned subordinate officers including Public Sector Undertakings, etc.

Sd/- D. Mukhopadhyay
Spl. Secy. to the
Govt. of West Bengal