1

Discharge From Service

Gramin Dak Sevaks

2.6.6

2

Termination

2.6.6

3

Termination Of Engagement

• A GDS with less than 3 years of continuous service shall be liable to be terminated at any time by the Recruiting Authority by giving a notice of one month.

• GDS may also give such a notice to the Recruiting Authority.

Rule 8 of GDS (Conduct & Engagement rules 2011),

2.6.6

4

Immediate Termination

• If the service is to be terminated forthwith, TRCA plus DA may be paid for the period of one month or the period by which it falls short of.

• Such payment is remitted to the Sevak in lieu of notice of one month allowance through Money Order and a note has to be made to this effect in the termination order.

2.6.6

5

When Termination can and can’t be used

• A GDS may be terminated from service before the age of 65 years, if he is physically or mentally unfit or he is found to be unfit to discharge the responsibility placed on him.

(DG’s letter No. 43-23/80-Pen dated 20th February 1980)

• Termination should not be resorted for specific acts of misconduct

2.6.6

6

Review of Termination• There is no provision for appeal in the

case of Termination of a GDS.• But, an act of Termination can be

reviewed within a period of six months under Rule 20 of GDS (Conduct & Engagement) Rules 2011.

2.6.6

7

Discharge of GDS from service

2.6.6

8

Discharge of GDS from engagement

• The GDS who has attained the age of 65 years should be discharged on the Afternoon of the date of completion of his 65 years

2.6.6

9

Records to be maintained to watch the date of discharge

• Personal Files of GDS• Record of Service• Register of service details of GDS• Seniority List

2.6.6

10

Personal Files

• Appointing Authority should maintain a personal file for each GDS containing– Appointment Orders with copies of

Educational certificates.(to verify the date of birth)

– Leave application and leave sanction memo(to decide terminal benefits)

– Orders imposing penalty such as dies-non, Warnings, debarring the GDS from taking up Exam etc. (to decide terminal benefits)

2.6.6

11

Record of Service

– On the basis of the Personal file, a “Record of Service” should be prepared and maintained after 10 years of engagement of a GDS

– The Record of Service should be kept up to date by making entries in it as and when it calls for.

2.6.6

12

Record of Service of GDS

1. Name of Gramin Dak Sevak :2. Date of Birth (in words also) :3. Permanent Home Address :4. Date of commencement of continuous

Engagement as GDS :5. Date of Termination of Engagement :6. Reason for Termination :

2.6.6

13

Record of Service of GDS

7. Particulars of Leave takenSl No Date of

commencement of Leave

Last date of Leave

No. of days of Leave

2.6.6

14

Record of Service of GDS

8. Particulars of unauthorized absenceS NO Date of Absence Total period in

days

From To

2.6.6

15

Record of Service of GDS

9. Particulars of punishment awarded Sl No Details of penalty

awarded by the Disc. Authority with Memo No. and date

Orders passed by the Appellate authority with memo No. and date

Orders passed by the Reviewing Authority with Memo No. and date

Remarks

2.6.6

16

Record of Service of GDS

10. Total Monthly allowance drawn :11. Signature of Gramin Dak Sevak :

Date Signature of Appointing authority (with stamp)

(DG Posts letter No. 18-22/92-ED & Trg dated the 11th November 1993)

2.6.6

17

Register of Services

• Maintained by appointing authority containing the date of birth, date of appointment and date of superannuation of the GDS .

• This register is to be scrutinized by the Appointing Authority every month and intimate the GDS concerned at least six months in advance, the date on which he would complete the age of 65 years and that he would cease to be GDS after that date.

• The Register has to be verified by the inspecting officer during visits and Inspections 2.6.6

18

Seniority List

• The Seniority List of the GDS maintained at Divisional Office should also be consulted to find out the names of the GDSs who are due for discharge on completion of the age of 65 years.

2.6.6

19

Advance Intimation of discharge

•The appointing authority should intimate the GDS about the date of his discharge in writing well in advance and ask him to apply for ex-gratia gratuity. •He should obtain the application for ex-gratia gratuity at appropriate time. •He should not wait for the application to be presented by the GDS. • (DG’s Letter No. 18-44/2001-GDS dated the 5th December

2001)

2.6.6

20

Advance action for filling up the post

• Action should be taken for selection of new incumbent to the post at least three months in advance to avoid unnecessary provisional engagements(DG P & T Letter No. 40-9/82-Pen dated 8th December 1983)

2.6.6

21

Action on irregular retention beyond 65 years

• If the GDS is retained beyond 65 years of age, a proposal for regularization of the unauthorized retention in service beyond the age of 65 years has to be taken up with Directorate.

• No terminal benefits can be paid before regularisation of the irregular retention

2.6.6

22

Action on irregular retention beyond 65 years

•The case of irregular retention should be investigated and responsibility fixed while the GDS concerned is discharged.•The period of irregular retention will not count for ex-gratia gratuity.• Administrative/Appointing Authority is

responsible to discharge the GDS on attaining 65 years

2.6.6

23

Proposal for regularisation of irregular retention

• Proposal is taken up without lapse of time• Proposal contain Service particulars of the

GDS.• Particulars of the official/officer responsible

for the lapse along with action taken against such official.

• Detailed reasons for the irregular retention.

2.6.6

24

Invalidation on medical grounds

• Those GDS who are unable to continue in service due to ill health may quit service before the age of 65 years, on medical grounds.

• The GDS quitting the service on medical ground should submit medical certificate to the to the appointing authority.

• DG Posts Letter No. 17-78/92-ED & Trg dated the 31st May 1993 and Letter No. 40-4/87-PEII dated the 25th May 1987)

EXERCISE 12.6.6

25

Terminal Benefits

2.6.6

26

Terminal Benefits

• Ex-gratia Gratuity• Severance Amount• Service Discharge Benefit Scheme

2.6.6

27

Ex gratia gratuity

2.6.6

28

Eligibility for Ex-gratia Gratuity

• GDSs whose services are terminated otherwise than,

• For unsatisfactory work; or• As a measure of disciplinary action; • In consequence of their being appointed in a

regular post under the Department.

2.6.6

29

Conditions for grant of ex gratia gratuity

• should have put in not less than 10 years of continuous satisfactory service.

• “Continuous Service” shall mean only such continuous service rendered in any capacity as GDS.

2.6.6

30

Conditions for grant of ex gratia gratuity

• Periods in which the GDS did not attend to the duties assigned to him personally will be treated as break in service.

• Exception: Period of a duration of 90 days or less and the absence from his duties was authorized by the written order of the appointing authority.

2.6.6

31

Conditions for grant of ex gratia gratuity

•DPS in Regional offices may condone the period of absence beyond the maximum permissible period of leave.

2.6.6

32

Rate of Ex-gratia Gratuity• For each completed year of service, half month’s

basic allowance as drawn by him immediately before the termination of service subject to a maximum of Rs.60,000/-

• or 16 ½ months’ basic allowance last drawn whichever is less.

• Gratuity thus payable is purely ex-gratia. (as an act of grace and not out of obligation or owning liability)

DG’s L etter No. 40-29/87-PE II/ED & Trg dated the 7th January 1993.

2.6.6

33

Nomination for ex gratia gratuity

• Nomination for ex-gratia gratuity has to be obtained from each GDS and kept safely by the authorities which maintain their service records.

(DG’s Letter No. 18-18/93 ED & Trg dated 18th July 1994)

2.6.6

34

Procedure for payment of Ex-gratia Gratuity

• The “Record of Service” should be prepared based on the personal file maintained for the GDS as soon as he completes 10 years’ service.

• Leave means that the GDS did not perform duty personally but performed the duty through an approved substitute on the written orders of the appointing authority.

• Unauthorized absence means that the GDS did not perform his duties personally and had entrusted them to some other person without the approval of the appointing authority.

2.6.6

35

Scrutiny of application by Divisional Head

• Whether the application is complete with necessary documents viz. record of service, specimen signature, application, etc have been received.

• Whether the service claimed has been established from the details of certified in the record of service and other records.

2.6.6

36

Scrutiny of application by Divisional Head

• Whether the services of the GDS has been terminated for reasons otherwise than – (i) unsatisfactory service; – (ii) as a measure of disciplinary action;– (iii) in consequence of their being appointed in

regular posts.

2.6.6

37

Scrutiny of application by Divisional Head

• Whether the GDS has put in a service of not less than 10 years of continuous service (including the authorized absence of duration of 180 days or less)

2.6.6

38

Condonation of unauthorised absence by Divisional Head

• The cases of unauthorized absence (days of dies-non) due to participation in strikes up to 30 days, may be condoned by the Divisional Superintendent himself if the GDS had not involved in any sabotage activity during such strike periods

2.6.6

39

Sanction of ex-gratia by Divisional Head

• The normal cases of GDS which do not call for the intervention of RO will be settled by the Divisional Superintendent issuing the sanction for payment of Ex-gratia Gratuity.

• (DG’s letter No. 17-173/92-ED & Trg dated 12 th August 1994)

2.6.6

40

Condonation in excess of 30 days

• He should give justification for condonation of any period of unauthorized leave which exceeds 30 days and forward the case with his recommendation to RO for condonation.

2.6.6

41

Condonation by Regional Director

• Heads of Circles may condone the leave exceeding 180 days and breaks caused in service due to put of duty period preceding reinstatement in service on full exoneration in departmental proceedings or in court cases.

(DG’s Letter No. 18-7/95-ED & Trg dated 15th December 1995)

2.6.6

42

Condonation by Regional Director

• If he finds that any period of service cannot be verified but he has reason to believe that GDS had actually put in service during that period, he should collect collateral evidence for such period of service.

2.6.6

43

Cases requiring the intervention of RO

• Cases involving Condonation of break in service owing to unauthorized absence.

• Premature retirement on grounds of illness with MC issued by the prescribed Medical Authority viz. Civil Surgeon.

• Regularization of irregular retention in service beyond 65 years of age.

• Any period of service which cannot be verified with reference to records

2.6.6

44

Payment Ex gratia Gratuity in cases of death

2.6.6

45

Death while in service

• Application has to be obtained from the widow or the family member of the deceased GDS.

• Nomination of the GDS has to be followed.• If there is no nomination or the nominee has

predeceased, the order of preference set out in OM No. 4/7/66-Ests. © dated 6th May 1966 of Ministry of Home Affairs has to be followed.

• Amount admissible to the GDS on the date of death may be sanctioned.

2.6.6

46

Order of preferenceMinistry of Home Affairs OM No. 4/7/66-Ests (c) dated 6th May 1966.

1. Eldest surviving widow in the case of male officer2. Husband in the case of female officer3. Eldest surviving son4. Eldest surviving unmarried daughter5. Eldest surviving widowed daughter6. Eldest surviving adopted son.7. Eldest surviving unmarried adopted daughter8. Eldest surviving widowed adopted daughter9. Eldest surviving stepson

2.6.6

47

Order of preferenceMinistry of Home Affairs OM No. 4/7/66-Ests (c) dated 6th May 1966.

10. Eldest surviving unmarried stepdaughter11. Eldest surviving widowed stepdaughter12. Father13. Mother14. Eldest surviving brother below the age of 18 years15. Eldest surviving unmarried sister16. Eldest surviving widowed sister17. Eldest surviving married daughter18. Eldest surviving married adopted daughter19. Eldest surviving married stepdaughter

2.6.6

48

Death after termination of service after making application for ex-gratia gratuity

• Admissible gratuity may be sanctioned in the name of the GDS.

• If there is nomination, amount has to be paid to the nominee.

• The amount is to be paid to the family of the GDS in the order of preference as above in case there is no nomination.

2.6.6

49

Death after termination of service but before making application for ex-gratia gratuity

• Application for ex-gratia gratuity be taken from the widow / other member of the family of the deceased.

• Sanction may be issued in favour of the family in the order of preference.

DG’s Letter No. 43-101/71-Pen dated 15th February 1972 and letter No. 40-33/80-Pen dated 13th February 1981)

2.6.6

50

Death after sanction but before payment

Fresh sanction has to be issued specifying the persons to whom the gratuity is payable.

2.6.6

51

No Gratuity on quitting the service

• No gratuity is payable if the GDS quits the service on his own.

• In such a case, an order permitting the GDS to quit the service on his own should be issued.

(DG’s Letter No. 43/69-Pen dated 22nd November 1973)

2.6.6

52

Severance amount

2.6.6

53

Severance Amount on Retirement/Death:

• Severance amount is payable when the GDS is,• discharged from service on attaining

the age of 65 years • expired• absorbed on regular basis against a

departmental post.

2.6.6

54

Rate of Severance Amount

–Rs.1500/- for every completed year of continuous service subject to a maximum of Rs.60000/-.

2.6.6

55

Conditions for payment

–GDS should have put in not less than 10 years of continuous service as GDS.

2.6.6

56

Progress Test 1

2.6.6