Thursday, May 13, 2010

Retired Officers seeking Commercial Employment are subject to Army Regulations

Commercial Employment in Private Sector. As per the provisions of AI 2/S/74, retired service officers of the rank of Col and above are required to seek prior permission of the Govt before taking up commercial employment in the private sector within two years of their date of retirement. Army Headquarters letter No. 35072/MS-Retirement dated 19 May 1989 spells out the procedure for securing the prior Govt permission. The retired officers are required to apply in the prescribed proforma (as per Appendix ‘J’) to the MS Branch/MS(X) for officers of the rank of Brig & above and to MS Branch/ MS-Retirement for officers of the rank of Col.

Resettlement in Civil Life. Retiring Army Officers may apply for civil employment. However, para 341 of Regulations for the Army 1987 enjoins that an officer who is granted any pension, gratuity or other benefit in respect of his/her Army service or who is likely to receive any pension, gratuity or other benefit, shall obtain the permission of the President before accepting any employment under a Government outside India at any time after his/her Army Service has ceased. An officer of the rank of Colonel or above, whether the rank is held in substantive capacity or otherwise who is granted a pension, gratuity or other benefit, in respect of his/her Army Service or who is likely to receive any pension, gratuity or other benefit shall also obtain such permission prior to accepting employment before the expiry of two years from the date his/her Army Service ceases in the following cases :-
(a) Commercial employment in private undertakings.
(b) Employment in a civil post under the Central or State Government or an Union Territory Administration/ Government, or in a post under a Body Corporate owned or controlled by Government if the other officer had been allowed to retire prematurely at his/ her own request. Such permission will not, however, be required if the officer had retired from Army Service in the normal course on completion of the standard service prescribed for his/ her rank or if he/ she had been invalided from Army Service on grounds of ill health or physical disability. Such permission will also not be necessary in cases where due to personal reasons the officers proceeding on normal retirement are allowed to retire a few days earlier (not exceeding one month) than the due date.
Grant of Re-employment-Revised Procedure
Question: Does the Government have requisite tools to detect and prosecute the violators. Can these rules be really implemented. Are the Private Enterprises Anti- National? Very ambiguous and discriminatory rules indeed!

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