Provision for voluntary allotment or premature retirement of Government

servants falling under section 253B(1).— (1) If any posts in a cadre of Class III or Class IV service of the State Government falling under sub-section (1) of section 253B have been or are rendered surplus to the requirements of the State Government and are, therefore, required to be abolished, then the State Government or the authorised officer may, subject to the provisions in this Chapter, and with due regard to the exigencies of service in Zilla Parishads and also in the State Government, by general or special order, finally allot such persons holding posts in that cadre as elect to be allotted to Zilla Parishads to District Technical Service (Class III), District Service (Class III), or as the case may be, District Service (Class IV), or permit them to retire prematurely from the service of the State Government from such date as may be specified in the order (not being a date later than

2[twenty- three years] from the appointed day). The election shall be conveyed to the State Government or the authorised officer within such time and in such manner as the State Government may, by an order in

the Official Gazette, specify in this behalf. Each of the Zilla Parishads to which such persons are

alloted shall take them over from the said date; but such persons who are taken over shall not be entitled to benefits under the provisions of section 246 or to revert to service under the State Government; and thereupon, the provisions of section 242 shall apply in relation to persons so taken over, as they apply in relation to persons finally allotted under that section : Provided that, the number of persons finally allotted from a cadre to one or more Zilla Parishads and the number of persons permitted to retire prematurely shall not exceed the number of posts rendered surplus to that cadre on the transfer or entrustment of the powers and functions of the State Government to the Zilla Parishad or Parishads.

1. (2) Where a person is permitted to retire under sub-section (1), he shall be entitled to such terminal benefits as pension or gratuity, or the like (but not compensation) which terminal benefits shall not be less favourable than the benefits he would have been entitled to had his service ceased under the Government on the date specified in the order made under sub-section (1). Section 253C was inserted by Mah. 46 of 1969, s. 4.

These words were substituted for the words “twenty-one years” by Mah. 25 of 1983, s. 3(1), Previous allotment or

retirement not affected [See s. 3(2) of Mah. 25 of 1983].

136 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961

1. (3) A person whose final allotment or premature retirement under sub-section (1), is duly approved may, notwithstanding anything contained in section 253B, be continued in service under the