New Delhi: Decks have been cleared for former IAS officer Parampal Kaur Sidhu to file her nomination as a BJP candidate from Bathinda parliamentary seat after her resignation was accepted and the Punjab government issued a no objection certificate (NOC).
Bathinda goes to poll on the seventh phase on 1 June.
The resignation of the 2011 batch Punjab cadre officer was accepted by the Department of Personnel and Training (DoPT), which had written to the Punjab government Friday for issuing a NOC to Sidhu.
Sidhu, who is the daughter-in-law of Akali Dal leader Sikandar Singh Maluka, had earlier applied for voluntary retirement, but the Punjab government had rejected it on the grounds that she had falsified details and directed her to join back.
With time running out for filing nomination, Sidhu submitted her resignation on 8 May.
So, how is a VRS different from resignation? ThePrint explains the rules laid down making a distinction between voluntary retirement and resignation.
Had Sidhu’s VRS been accepted, she would have been entitled to a retiring pension and death-cum-retirement gratuity as per Rule 17(1) of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958.
Rule 16(2) says that a member of the Service can retire from their job after they’ve worked for at least 30 years or when they turn 50, by giving three-month notice to the State government. However, if the member is under suspension, they can’t retire without the Central Government’s approval. But, if the member asks, the State government can reduce the notice period if they have a good reason and explain it in writing.
Whereas, Rule 16(2A) says that a member of the service can retire after working for 20 years by giving three-month notice to the State Government. If they want to retire earlier than allowed by this rule, they need approval from the Central government. Also, if they’re working for a government-owned corporation, they can’t retire to join it permanently. Additionally, members from specific areas can retire after 15 years of service.
Besides, according to 17(1) of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, “a retiring pension and death-cum-retirement gratuity shall be granted to a member of the Service who retires or is required to retire under rule 16 as mentioned above.
Unlike a VRS, if an officer tenders resignation, he/she is not entitled to retirement benefits. The resignation of an officer of any of the three All-India Services is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
Rule 5(1) of the Death-cum-Retirement Benefits (DCRB) Rules says, “No retirement benefits may be granted to a person who has resigned from the Service.” However if the circumstances are really tough the State government might give them a compassionate allowance. This allowance can be up to two-thirds of what they would have got if they were retired instead of being fired or removed.
In fact, the Supreme Court in 2019 said that government employees were not entitled to pension if they resign from service unlike those who voluntarily retired. Entire past service would be forfeited in the case of resignation and consequently, an employee would not qualify for pension, it had said.
(Edited by Tony Rai)
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