• Premature retirement and NOC for applying in private sector

I am a confirmed Himachal Pradesh Government School Lecturer (Education Department). I am 40 years of age and have 11 years of continuous service (excluding EOL). Currently, I am on EOL (Extra-ordinary leave- other then medical grounds) since 4.5 years. Due to family reasons I want to take premature retirement. 

1.Will I be eligible for pension (partial or full pension), superannuation and gratuity, if I take premature retirement now? 

2. If I apply for NOC to the department to take up a job in a private college in Mumbai, will it weaken my case for retirement benefits? Will the department provide me NOC? 

3.Can I resign while I am on EOL (Extra-ordinary leave- other then medical grounds) without joining back the service?

4. Will the Education Department give me Experience Certificate?
Asked 7 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

1) under himachal pradesh premature retirment rules 1976 you can take premature reitrement only after completeing 20 years of service and by giving 3 months notice and it has to be accepted by appropriate authority

the amount of pension is calculated based on the total qualifying service and the average emoluments drawn during the last ten months by a Government Servant.

50% of average emoluments is regarded as Full Pension of a retiring Government servant, if he has rendered not less than 33 years of Qualifying service

If the qualifying services is less than 33 years, pension will be calculated proportionately.

If the service rendered is less than ten years, no pension is payable. Only service Gratuity in lump sum in lieu of pension is admissible.

2) you can apply for NOC for joining private college in mumbai . it would not weaken your case for retirement benefits

3) you should rejoin in service and then take reisgn

4) you would be eligible for experience certifcate

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. A govt servant becomes entitled to pension on completion of 20 years/10years of qualifying service, he shall

be paid pension at 50% of the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to him. The pension of Government Servant retiring on or after 1.1.2006 will also be calculated based on emoluments or average emoluments received during the last 10 months, whichever is more beneficial to him but his pension would continue to be proportionate to the

pension on completions of 33 years of qualifying service. Linkage of full pension with 33 years of qualifying service shall be dispensed with, with effect from 1-1-2006 instead of 2-9-2008.

2. The rules prevailing in HP do not permit premature retirement unless the govt servant has completed 20 years of service.

3. Applying for NOC to your dept to take up a job in a private college will not weaken your entitlement for retirement benefits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you should after issue of NOC then apply for private job

2) you need to serve the notice period

3) you will not be relieved immediately

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1.Will I be eligible for pension (partial or full pension), superannuation and gratuity, if I take premature retirement now?

You may not be eligible with hardly 11 years of service for pension benefits.

2. If I apply for NOC to the department to take up a job in a private college in Mumbai, will it weaken my case for retirement benefits? Will the department provide me NOC?

You can apply for NOC but that will not weaken your claim for pension benefits

3.Can I resign while I am on EOL (Extra-ordinary leave- other then medical grounds) without joining back the service?

In my opinion the department may not entertain your application for resignation.

4. Will the Education Department give me Experience Certificate?

You apply for it,

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

If I resign while I am on leave, do I need to serve any notice period OR Will I be relieved from service immediately? Will my leave period be considered as Notice period?

You are on EOL without pay hence it may not be considered as notice period

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer