LexThe Telangana Public Employment (Regulation of Age of Superannuation) Act, 1984.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PUBLIC EMPLOYMENT (REGULATION OF AGE
OF SUPERANNUATION) ACT, 1984.
(ACT NO. 23 OF 1984)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, application and commencement.
2. Definitions.
3. Age of superannuation.
4. Act to override other laws.
5. Validation.
5-A. Savings.
6. Removal of doubts.
7. Amendment of Fundamental Rules.
8. Amendment of Hyderabad Civil Service Rules.
THE TELANGANA PUBLIC EMPLOYMENT (REGULATION
OF AGE OF SUPERANNUATION) ACT, 1984.1
ACT No. 23 OF 1984.
1. (1) This Act may be called the 2Telangana Public
Employment (Regulation of Age of Superannuation) Act,
1984.
(2) It shall apply to-
(i) persons appointed to public serv ices and posts in
connection with the affairs of the State;
(ii) officers and other employees working in any local
authority, whose salaries and allowances are paid out of the
Consolidated Fund of the State;
(iii) persons appointed to the Secretariat staff of the
Houses of the State Legislature; and
(iv) every other officer or employee whose conditions
of service are regulated by rules framed under the proviso to
article 309 of the Constitution of India immed iately before
the commencement of this Act, other than the village officers
and law officers; whether appointed before or after the
commencement of this Act.
1. The Andhra Pradesh Public Employment (Regulation of Age of
Superannuation) Act, 1984 received the assent of the Governor on the
20th May, 1984. The said Act in force in the combined State as on
02.06.2014 has been adapted to the State of Telangana vide . the
Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45, Law
(F) Department, dated 01.06.2016 (w.e.f.01.06.2016).
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title,
application and
commencement.
2 [Act No.23 of 1984]
(3) Clause (i) of section 7 shall be deemed to have
come into force on the 29th April, 1969 and the remaining
provisions shall be deemed to have come into force on the
10th April, 1983.
3[(4) Sub-section (1A) of section 3 shall be deemed to
have come into force on 26th December, 1992.]
2. In this Act, unless the context other-wise requires,
(1) “Fundamental Rules ” means the Fundamental
Rules applicable to the Government employees as
amended, from time to time, by the Government;
(2) “Government” means the Government of
4Telangana;
(3) “Government employee ” includes all categories of
officers and employees referred to in sub -section (2) of
section 1;
(4) “Hyderabad Civil Services Rules ” means the
Hyderabad Civil Services Rules applicable to the
Government emplo yees of the erstwhile Government of
Hyderabad appointed prior to the 1st November, 1956 and
allotted to the 4Telangana State as amended from time to
time by the Government;
(5) “Last Grade Service ” means the service cons tituted
by the 4Telangana Last Grade Service Rules, 1961 and
includes the posts and services specified in subsidiary
definition (ii i) under rule 9 of the Fundamental Rules ; and
also includes the services which are treated as ‘inferior’
under Hyderabad Civil Services Rules;
3. Added by Act No. 26 of 1998.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
[Act No.23 of 1984] 3
(6) “Local authority ” means in relation to local area
comprised within the jurisdiction of a Municipal Corpora tion,
the concerned Municipal Corpora tion and in relation to any
other local area, the concerned Municipal Council, 5Zilla
Praja Parishad, Panchayat Samithi or Gram Panchayat;
(7) “State” means the State of 6Telangana;
3. (1) Every Government employee, not being a workman
and not belonging to Last Grade Service shall retire from
service on the afternoon of the last day of the month in
which, he attains the age of 7[fifty eight years]:
8[Provided that the Professors, Associate Professors
and Assistant Professors of Government Medical Colleges,
Government Dental Colleges including Semi -Autonomous
and Autonomous Medical Colleges shall retire from service
on the afternoon of the last day of the month in which
he/she attains the age of 65 (sixty five) years.]
9[Provided further that, the teaching faculty in
Ayurveda, Unani and Homeopathy Government Colleges
shall retire from service on the afternoon of the last day of
the month in which he/she attains the age of sixty five (65)
years.]
10[(1A) Notwithstanding anything contained in
sub-section (1), every member of the Andhra Pradesh State
Higher Judicial Service or the Andhra Pradesh State Judicial
Service shall retire from service on the afternoon of the last
day of the month in which he attains the age of sixty years:
5. Substituted by Act No.41 of 2006.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
7. Substituted by Act No. 3 of 1985.
8. Added by Act No.6 of 2019 w.e.f.20.06.2019.
9. Added by Act No.15 of 2020 w.e.f.31.07.2020.
10. Sub-section (1A) inserted by Act No. 26 of 1998.
Age of
superannuation.
4 [Act No.23 of 1984]
11[Provided that any such member of the Andhra
Pradesh State Higher Judicial Service or the Andhra
Pradesh State Judicial Service may be compulsor ily retired
from service on the afternoon of the last day of the month in
which he attains the age of fifty years or fifty five years or fifty
eight years or thirty three years of qualifying service, if he is
found not fit and eligible to be continue d in service by the
High Court of Andhra Pradesh, on an assessment and
evaluation of the record of such member for his continued
utility, well within time, before he attains the age of fifty years
or fifty five years or fifty eight years or thirty thr ee years of
qualifying service.]
12[Provided further that any member of service after
giving three months notice in writing or three months of pay
and allowances in lieu of notice may be required to retire in
public interest from service on the date on which such
member attains the age of fifty years or fifty five years or fifty
eight years or thirty three years of qualifying service or any
date thereafter to be specified in the notice.]
Provided also that any such member of the Andhra
Pradesh State Higher Judicial Service or the Andhra
Pradesh State Judicial service at his option to be exercised
in writing before he attains the age of fifty seven years may
retire from service on the afternoon of the last day of the
month in which he attains the age of fifty eight years.
Explanation: The assessment and evalu ation by the
High Court of Andhra Pradesh for the purposes of this sub -
section is in addition to and independent of the assessment
for compulsory retirement that may have to be undertaken
at any other time under the relevant rules applicable to such
11. Substituted by Act No.42 of 2006.
12. Inserted by Act No.42 of 2006.
[Act No.23 of 1984] 5
members of the Andhra Pradesh State Higher Judicial
Service or the Andhra Pradesh State Judicial Service.]
(2) Every Government e mployee not being a workman
but belonging to the Last Grade Service shall retire from
service on the afternoon of the l ast day of the month in
which he attains the age of sixty years.
(3) Every wor kman whether in superior or last grade
service, or in any service notified as inferior shall ordinarily
be retained in service upto the age of sixty years:
Provided that any workman may be required to retire at
any time after attaining the age of fifty -five years after being
given one month ’s notice, or one month ’s pay in lieu
thereof, on the ground of im paired health or of being
negligent or inefficient in the discharge of duties:
Provided further that a workman may also retire at any
time after attaining the age of fifty -five years, by giving one
month’s notice in writing.
Explanation I .- In this section, the word “workman”
means a highly ski lled, skilled, or semi -skilled or unskilled
artisan in industrial and work charged establishments of
Government.
Explanation II.- For the removal of doubts, it is hereby
declared that-
(a) a Government employee whose date of birth is
the first of a month shall retire from service on the afternoon
of the las t day of the preceding month on attaining the age
6 [Act No.23 of 1984]
of 13[fifty-eight] 14[or sixty years or sixty five years,] as the
case may be;
(b) a Government employee who attained the age of
superannuation but who was allowed to continue to hold the
post, beyond that date, by virtue of a stay order of a Court,
shall be deemed to have ceased to hold the post and
relieved of his charge from the date of the judgement
dismissing his petition, irrespective of whether the charge of
the post was handed over or not as prescribed in any rule or
order of the Government for the time being in force.
15[(4) Notwithstanding anything cont ained in this
section, an employee in the work charged establishment of
the Government, who becomes a regular Government
employee by whatever means or orders issued by
Government from time to time shall not be treated as
workman for purposes of this Act and shall be regarded as
holder of a Civil post within the meaning of article 311 of the
Constitution of India and accordingly, he shall retire from
service,-
(a) on attaining the age of fifty eig ht years in case, on
becoming as a regular Government employee, he belongs
to superior service; and
(b) on attaining the age of sixty years in case, on
becoming as a regular Government employee, he belongs
to last grade service or in any service notifi ed as inferior for
the purpose of this sub-section.]
4. The provisions of this Act shall have effect
notwithstanding anything in consistent therewith contained
in any other law, for the time being in force.
13. Substituted by Act No. 3 of 1985.
14. Substituted by Act No.6 of 2019 w.e.f.20.06.2019.
15. Added by Act No.19 of 1997.
Act to override
other laws.
[Act No.23 of 1984] 7
5. No amendment to the Fundamental Rules relating to
the age of superannuation made under the proviso to article
309 read with article 313 of the Constitution of India before
the commencement of this A ct shall be deemed to be
invalid or ever to have been i nvalid merely by reason of the
fact that the proviso to rule 2 of the said rules laid down that
the said rules shall not be modified or replaced to the
disadvantage of any person already in service and
accordingly the amendmen ts made to the said rules by t he
notifications issued in G.O. Ms. No. 36, Finance and
Planning (Finance Wing F.R.I), Departmen t, dated the 8th
February, 1983 and all orders and notifications issued and
made in pursuance of the those amendmen ts shall be and
shall be deemed always to have been made validly and
shall have effect notwithstanding anything to the contrary in
the proviso to the said rule 2, as if this Act were in force on
the 8th February, 1983.
16[5-A. (a) Notwithstanding anything contained in this Act,-
(i) all this rules and regulations made under the
proviso to article 309 and continued under ar ticle 313 of the
Constitution of India governing the recruitment and
conditions of service of the Government em ployees and
were in force on the commencement of the Andhra Pradesh
Public Employment (Regulation of Conditions of Service)
Ordinance, 1983 including such other rules continued under
section 15 of the said Ordinance; and
(ii) all rules made under section 3 of the said
Ordinance governing recruitment and conditions of service
of the Government employees,
shall continue to be in force until they are amended or
modified or rules are made in respect thereof under the
16. Inserted by Act No. 3 of 1985.
Validation.
Savings.
Ordinance 5 of 1983
8 [Act No.23 of 1984]
proviso to artic le 309 of the Constitution of Indi a read with
article 313 thereof;
(b) anything done or any action taken in the exercise of
any powers conferred by or u nder the said Ordinance and
the rules made thereunder shall be deemed to have been
validly done or taken.]
6. For the removal of doubts, it is hereby declared that,
unless otherwise specially provided every amendment
relating to the age of superannuation made before or after
the commencement of this Act to the Fundamental Rules
and the Hyderabad Civil Service Rules shall be and shall be
deemed always to have applied to all Government
employees whether appointed before or after the
amendment.
7. In the Fundamental Rules,-
(i) to rule 2, the following proviso shall be added
namely:-
“Provided that these rules shall not be modified or
replaced by the Governor under Article 309 of the
Constitution of India to the disadvantage, of any person
already in service except in respect of matters relating to the
age of superannuation”;
(ii) rule 56 shall be omitted.
8. Rule 231 of the Hyderabad Civil Services Rules shall be
omitted.
* * *
Removal of
doubts.
Amendment of
Fundamental
Rules.
Amendment of
Hyderabad Civil
Service Rules.