Facing Health Challenges at 54: How Can I Navigate Pre-Mature Retirement in a PSU?

Pre-Mature Retirement Provision in PSU

I am working in a PSU in India as a Manager (Mechanical) and have limited knowledge about HR. I was considering resigning from my job due to various physical and mental issues when I discovered the provision for Pre-Mature Retirement in the "General Terms and Conditions of Service" after reaching the age of 50. The criteria for this are:

a) Inefficiency

b) Doubtful Integrity

c) Medically Unfit

An officer is considered Medically Unfit if:

(i) He has been continuously on leave on medical grounds for 12 weeks (including Saturdays, Sundays, and holidays) OR

(ii) He has been on leave on medical grounds for a total of 120 days within six months OR

(iii) Though attending duties, if found mentally deranged, the HOD may refer the employee to a medical board for a check-up and report about:

- The disease he is suffering from
- Whether the disease is infectious/contagious
- Whether the disease is curable/incurable
- If curable, whether the person is likely to resume normal duties within 12 months

My Experience with the Retirement Process

In 2016, at the age of 51, I decided to avail myself of retirement benefits and applied for leave on medical grounds with a doctor's advice for rest. I extended my leave twice with the doctor's prescription, remaining on continuous leave for 15 weeks (105 days). My leave was sanctioned by my reporting officer. I rejoined my duty and applied for Pre-Mature retirement in March 2016 based on the provision in the General Terms and Conditions of Service, fulfilling the criteria to be medically unfit under clause (i) and a self-unfit declaration along with my Treatment Records. Notably, I was not asked for a medical fitness certificate upon rejoining.

HR's Response and Medical Board Evaluation

Being the first case in the company, HR took a long time to decide on the matter. Finally, HR approached the CMO of the District to constitute a medical board for my health check-up. Although I met the criteria to be considered medically unfit, I was directed for a medical check-up at a Government Hospital. The medical board, comprising three doctors, conducted various tests, reviewed my treatment records, and submitted the report to the CMO, which was directly sent to HR. I could not obtain a copy of the report.

The report was verified by company doctors and recommended my retirement. I was informed that it would take more time for the CMD's approval. However, the Executive Directors (HR & HRD) and Director (HR) were not satisfied with the medical board report and rejected the case with several queries regarding why I was not asked to submit a fitness certificate upon rejoining and the absence of the word "UNFIT" in the medical report. My file moved through various levels with queries, taking two years, and Corporate HR transferred me to another state to obtain another medical board report. During the transfer, I managed to get a copy of my medical report and was surprised that it stated, "Examine is not completely physically or mentally fit. He is having a disease resembling Restless Leg Syndrome, and so the examine is not completely Medically Fit." (Exact words copied from the report) However, my HR is not ready to accept the report.

Current Situation and Request for Advice

In the new posting location, Government doctors, including the CMO, refused to provide any report citing non-availability of specialists/test machines. Recently, Corporate HR sent a mail stating that my application is not accepted due to some unfulfilled conditions, without specifying any reason.

As a layman seeking to understand the rules and feeling entitled to retirement benefits, I have continued my service, enduring suffering for three long years during the process of my file. I am now approaching 54 years old. Currently, my HR is advising me to resign if I do not wish to continue serving.

Please advise.

Since the poster belongs to the managerial cadre, suggestions could be based on the difference, if any, between the terminal benefits of resignation and voluntary retirement as provided for in the contract of employment or the service regulations of the PSU only. Therefore, the poster may furnish the details in this regard.

Thank you very much, sir, for the immediate response to my post. It is not a case of VRS, sir, where the company has to give compensation for the balance years of service. In my company, it is termed as premature retirement. I shall be entitled to a Post-Retirement Medical Scheme in which I shall be eligible to reimburse my medical expenses in case of hospitalization. Furthermore, I shall be entitled to transfer benefits (two months' pay + transportation cost of my belongings to my native place). These two things are the only differences between the terminal benefits in the case of resignation and premature retirement.

Regards

Dear friend, it is now clear why you require premature retirement on medical grounds. I remember a quote from Balzac, a French novelist and playwright, about bureaucracy: "Bureaucracy is a giant mechanism operated by pygmies." This is proven by the manner in which the medical report of the District Medical Board was considered and rejected by the Directors of the company, despite the recommendation of the company doctor. In such a situation, your interstate transfer is like adding insult to injury. I do not understand how the premature retirement of an ailing senior employee would affect the interests of the PSU when the Service Regulations permit the same. I am also very skeptical about your expectations of post-retirement medical benefits when the top brass of the company is infested with cynicism.

Therefore, my suggestion would be to resign on medical grounds forthwith without expecting post-retirement medical benefits or to file a writ against the PSU in the High Court to issue a writ of mandamus against the management. Better consult a Service Lawyer. The American Senator from Minnesota, Eugene J. McCarthy, once said, "The only thing that saves us from bureaucracy is its inefficiency."

Please let me know if you need further assistance or clarification.