Interpretation/ clarifications/ advice given by Department of Pension & PW to MSDE

Compilation of rule based interpretation/ clarifications/ advice given by Department of Pension & PW to Ministries/ Departments during 01.01.2023 to 31.01.2023

I. Subject: Invalid Pension

II. Subject : Qualifying Service and counting of past service

III. Subject : Voluntary Retirement

IV. Subject: Revision of Pension due to detection of wrong fixation of pay and Recovery of Government dues and provisions of Waiving off

Relevant Rules/Order: 

Rule 66. of CCS (Pension) Rules, 2021

Case Description

Referring Ministry : Ministry of Skill Development and Entrepreneurship (MSDE) Reference No. – ODGT-F-2017 /2/2018-Estt.- 11(TA-II) dated 27.12.2022 (E-file No. 8514)

Shri A was granted 2nd ACP in the Grade Pay of Rs.6600/- w.e.f. the date of completion of 24 years,  i.e. 10/10/2007. Shri A retired on 31/01/2017 and his pension was fixed based in his pay in GP Rs. 6600/- He represented for grant of 3rd upgradation in GP of Rs.7600/- under MACP Scheme from 2013.

However, it was later found that Shri A was entitled to grant of 2nd ACP in GP of Rs. 4800/- only and 3rd MACP in GP of Rs. 5400/- only. Thus, there was an overpayment of pay and allowances from 10.10.2007 onwards.

MSDE sought advice whether, in view of wrong fixation of pay and pension earlier, downward revision of pension in respect of Shri R Sabapati would be in order or not

Gist of Advice of DoPPW

File No. 3803(03)/ 2023-P&PW(A) dated 10.01.2023

Rule 66 of CCS (Pension) Rules, 2021 as under:
MSDE has been advised to examine the matter as per Rule 66 of CCS (Pension) Rules, 2021.

Subject to the provisions of rule 7 and rule 8, pension or family pension once authorised after final assessment or revised under sub-rule (1) shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently:

Provided that no revision of pension or family pension to the disadvantage of the pensioner or family pensioner shall be ordered without the concurrence of Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorisation or revision of pension or family pension.

The question whether the revision has become necessary on account of a clerical error or not shall be decided by the administrative Ministry or Department.

If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department. shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.

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IV. Subject: Revision of Pension due to detection of wrong fixation of pay and Recovery of Government dues and provisions of Waiving off

Relevant Rules/Order

Rule 66 of CCS (Pension) Rules, 2021

Case Descriptions

Referring Ministry: Ministry of Skill Development and Entrepreneurship (MSDE) Reference No. – ODGT-F- 2017/2 /2018 -Estt.- 11(TA-II) dated 27.12.2022 (E-file No.8514 )

Shri A was granted 2nd ACP in the Grade Pay of Rs.6600/- w.e.f. the date of completion of 24 years, i.e. 10/10/2007. Shri A retired on 31/01/2017 and his pension was fixed based in his pay in GP Rs. 6600/- He represented for grant of 3rd upgradation in GP of Rs.7600/- under MACP Scheme from 2013.

View: I. Grant of Invalid Pension even with less than 10 years service: Interpretation/ Clarifications/ Advice by DoP&PW

However, it was later found that Shri A was entitled to grant of 2nd ACP in GP of Rs. 4800/- only and 3rd MACP in GP of Rs. 5400/- only. Thus, there was an overpayment of pay and allowances from 10.10.2007 onwards.

MSDE sought advice whether, in view of wrong fixation of pay and pension earlier, downward revision of pension in respect of Shri R Sabapati would be in order or not

Gist of Advice of DoPPW

File No. 3803(03) /2023- P&PW(A) dated 10.01.2023

Rule 66 of CCS (Pension) Rules, 2021 as under: MSDE has been advised to examine the matter as per Rule 66 of CCS (Pension) Rules, 2021.

Subject to the provisions of rule 7 and rule 8, pension or family pension once authorised after final assessment or revised under sub-rule (1) shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently:

View: II. Qualifying Service and counting of past service – Verification done on completion of 25 years is treated as final: Interpretation/ clarifications/ advice given by DoP&PW

Provided that no revision of pension or family pension to the disadvantage of the pensioner or family pensioner shall be ordered without the concurrence of Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorisation or revision of pension or family pension.

The question whether the revision has become necessary on account of a clerical error or not shall be decided by the administrative Ministry or Department.

View: III. Proposal for treating resignation as voluntary retirement: Interpretation/ clarifications/ advice given by Department of Pension & PW to MoD

If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.

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OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 640

Dated: 18.09.2020

To

The O/C
Records/PAO (ORs)

Subject:- Provision of Invalid Pension to Armed Forces Personnel before completion of 10 years of qualifying service – reg.

Government of India, Ministry of Defence, D(Pension/Policy) vide their letter no. 12(6)/2019/D(Pen/Pol) dated 16.07.2020 has issued order on the above subject. Copy of the same is forwarded herewith for information and further necessary action.

2. The provision of this circular shall apply to those Armed Forces Personnel who were/are in service on or after 04.01.2019. The cases in respect of personnel who were invalided out from service before 04.01.2019 will not be re-opened.

3. This circular has been uploaded on this office website www.pcdapension.nic.in for disseminating across the all concerned.

4. Hindi version will follow.

5. Please acknowledge receipt.

Sd/-
Sushil Kumar Singh
Addl. CDA(P)

Source: PCDA

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