2- In clause (a) of Rule 56 of the Uttar Pradesh Fundamental Rules,
published in the Financial Handbook Volume II, Parts II to IV, hereinafter
referred to as the said Rule 56(a) for the existing provisos the following
provisos and Explanation shall be substituted, and be deemed to have been
substituted with effect from january 1, 1964 namely :-
" Provided that---
(i)
the appointing authority may, at any time, without assigning any reason, require the Government servant to retire on three months' notice orpay in lieu of the whole or part thereof, after he attains the age of 55 years, or such lesser age as together with the period of notice in lieu of which the
pay is substituted would aggregate to 55 years, so however, that in the case
of pay being given in lieu of the whole or part of such notice the said period
shall stand added to the government servant's qualifying service for the
purposes of calculating the pension and the death-cum-retirement gratuity due
to him and for no other purpose; or
(ii)
the government servant may, after attaining the age of 55 years voluntarily retire after giving three months notice to the appointing authority:
Provided further that---
(i)
the notice of voluntary retirement given under the first proviso by a government servant against whom a disciplinary proceeding is pending or contemplated shall be effective only if it is accepted by the appointing
authority, subject to the condition that in case of a contemplated disciplinary
proceding, the government servant is so informed before the expiry of the
notice;
(ii) the notice once given by a government servant under the first proviso shall
not be withdrawn by him except with the permission of the appointing
authority.
Explanation--(1) The decision of the appointing authority under the first
proviso to require the government servant to retire as specified therein shall
be taken if it appears to the said authority to be in the public interest, and
the State Government may, from time to time, issue executive instructions
indicating guiding principles in that behalf, but nothing herein contained shall
be construed to require any recital, in the order, of such decision having been
taken in the public interest or to require the publication of such instructions.
(2) Every such decision shall. unless the contrary is proved, be presumed to
have been taken in the public interest.
(3) 'Appointing authority' means the authority which has the power to make
substantive appointments to the post or service from which the government
servant is required or wants to retire.