No. 1/15/2024-P&PW(F)/9809
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 25th October, 2024

OFFICE MEMORANDUM

Subject : Implementation of pension related rules and timely release of retirement benefits by the administrative Ministries / Departments.

Department of Pension and Pensioners’ Welfare (DoPPW) has recently issued Central Civil Services (Extraordinary Pension) Rules, 2023. These rules apply to the Government servant to whom the Central Civil Services (Pension) Rules, 2021 apply. Extraordinary Pension (EOP) Rules are in the form of Disability pension/extraordinary family pension that may be paid to the Government servant/his family if disablement/death (or the aggravation of disablement/death) of the Government servant, during his service, are attributed to the Government service.

2. The above rules are implemented by the administrative Ministry / Department / Organisation. Recently, in one such case court ordered for grant of EOP to the eligible family members of few Government servants who were killed in action during Govt duty. There was order from the court to grant them family pension under EOP Rules. However, the concerned Department took a view that since these employees are covered under EOP Rules which have been notified / issued by DoPPW, hence, the order should be implemented by DoPPW. The matter was subsequently clarified to the that Department and the same was implemented by that Department only. However, the process got prolonged resulting delay in payment etc.

3. In view of the above experience, it is reiterated that as per provisions of the Allocation of Business Rules in the Govt of India, sanction of pension / pensionary benefits is the sole mandate and responsibility of the administrative Ministry / Department / organisation. Therefore, the  concerned organization is required to release all the retirement benefits including EOP as per rules at the carliest possible. It is added that delay in payment of pension, gratuity and family pension attracts payment of interest in terms of Rule 65 of CCS (Pension) Rules, 2021.

4. All Ministries/ Departments are requested to observe the above strictly and sensitise all authorities under them to process and release payment in such cases at the earliest possible.

5. This issues with the approval of competent authority.

(Dilip Kumar Sahu)
Under Secretary to the Govt. of India

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No. TA-3-6/3/2020 -TA-III /CS-4308/127
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi

Dated 24.3.2023

OFFICE MEMORANDUM

Subject: Timelines for completion of various activities in the process of authorisation of pension/family pension and gratuity on retirement on superannuation of a Government servant and death while in service.

Reference is invited to timeline prescribed for processing and payment of pension/family pension, gratuity and other retirement benefits prescribed under CCS (Pension) Rules and issued by DoP&PW and O/o CGA. It has been noticed that payment of retirement benefits is getting delayed in many cases and  errors are also being reported in issuance of PPO.

2. In this regard, it is observed that PAO may receive number of pension/family pension cases where the pension forms are not properly filled and complete, particulars not furnished or authentication of HOO/DDO not given in the space provided, etc. These kinds of cases might have been returned to the concerned office for rectification / omissions which may result to delay in payment of pension/family pension. In this connection, it is advised that common errors noticed by PAO may be compiled and issued as internal guidelines. Accordingly, concerned HOO/DDOs may be advised to ensure due care while submitting pension/family pension cases to PAO so that pensioners/family pensioners get their dues well in time. PAOs may also be advised to fill all the columns of the PPO with due care.

3 It is further advised that, in case, delay is anticipated in payment of pension/ family pension, gratuity to the beneficiary concerned, then sanctioning authority may sanction provisional pension/ family pension/ gratuity to them, as per CCS (Pension) Rules,2021 so as to avoid hardship to the pensioner/family pensioner. In this matter, the provision enunciated under the Rule 65 of CCS (Pension) Rules, 2021 may be taken into account.

4. In view of above, all the Pr. CCAs/ CCAs/ CAs (/Cs) of the respective Ministries/Departments are requested to ensure that pension/family pension cases are processed within the prescribed timelines.

Sd//-
(Parul Gupta)
Dy. Controller General of Accounts

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Any income which is not chargeable to tax under any other heads of income and which is not to be excluded from the total income shall be chargeable to tax as residuary income under the head “Income from Other Sources”.

Treatment of Income from Different Sources

I. Income under the head Salaries

1.1 Salary is defined to include:

• a) Wages
• b) Annuity
• c) Pension
• d) Gratuity
• e) Fees, Commission, Perquisites, Profits in lieu of or in addition to Salary or Wages
• f) Advance of Salary
• g) Leave Encashment
• h) Annual accretion to the balance of Recognized Provident Fund
• i) Transferred balance in Recognized Provident Fund
• j) Contribution by Central Government or any other employer to Employees Pension Account as referred in  80CCD

1.2 Points to consider:

• a) Salary income is chargeable to tax on “due basis” or “receipt basis” whichever is earlier.
• b) Existence of relationship of employer and employee is must between the payer and payee to tax the income under this head.
• c) Income from salary taxable during the year shall consists of following:
  • Salary due from employer (including former employer) to taxpayer during the previous year, whether paid or not;
  • Salary paid by employer (including former employer) to taxpayer during the previous year before it became due;

iii. Arrear of salary paid by the employer (including former employer) to taxpayer during the previous year, if not charged to tax in any earlier year;

Exceptions – Remuneration, bonus or commission received by a partner from the firm is not taxable under the head Salaries rather it would be taxable under the head business or profession.

1.3 Place of accrual of salary:

• a) Salary accrues where the services are rendered even if it is paid outside India;
• b) Salary paid by the Foreign Government to his employee serving in India is taxable under the head Salaries;
• c) Leave salary paid abroad in respect of leave earned in India shall be deemed to accrue or arise in India.

Exceptions – If a Citizen of India render services outside India, and receives salary from Government of India, it would be taxable as salary deemed to have accrued in India.

1.4 Taxability of various components of salary:

A. Allowances

B. Perquisites

C. Deduction from salary

D. Retirement Benefits

Leave Encashment

Retrenchment Compensation

Gratuity

Pension

Voluntary Retirement

Provident Fund

National Pension System (NPS)

E. Arrear of Salary and relief under section 89(1)

F. Other Benefits

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Delay in the processing of a pension case, immediate action must be made to ensure that all retirement dues are paid on time to the retiring government employee.

O/o The Principal Controller of Defence Accounts (Pension), Draupadighat, Allahabad – 211014
Call Centre No. (Toll free)-1800-180-5325 (Timing-9:30 AM to 6:00 PM)

Circular No. C-216 No.G1/C/ 0199/Vol-II/Tech

Dated: 27.04.2021.

To,
(All Head of Department under Min. of Defence)

Sub:- Timely payment of retirement benefits to the retiring employees.

A copy of GOI, DP&PW OM No. 3(6)/2021- P&PW (H)-7083, dated 09.03.2021 which is self-explanatory is enclosed for guidance and necessary action.

In order to ensure timely payment of retirement dues in all cases, it has been decided that the progress of the pension cases should be regularly monitored by the Heads of the organizations and the Heads of Departments. An effective monitoring mechanism is required to be established in every office/ Department to review the progress of the processing of the pension cases. Farewell programs are often organized in the offices on the occasion of the retirement of employees. In every farewell function, Heads of organizations/ Departments/ offices may review the progress of pension cases of all the employees of that organization/ Department/ office, who are due for retirement in the next six months. Wherever the processing of any pension case is found to be behind schedule, proactive action must be taken to ensure that all retirement dues are paid on time to the retiring Government servant.

A half-yearly statement may be submitted by each Department/ organization/ office to the secretary of the administrative Ministry/ Department indicating the particulars of the Government servants in whose case the issue of PPO was delayed by more than two months after retirement on superannuation. The statement may also contain the reasons for the delay in issuing the PPO and remedial action taken to avoid such delays in the future.

In view of the foregoing, you are requested to issue suitable instructions (alongwith copy of this circular) to all the Head of Offices under your administrative control to ensure the compliance of above provisions.

-sd-
(Dr. D. L. Meena)
Jt. CDA (P)

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No. 3(6)/2021- P&PW(H)- 7083
Government of India
Ministry of Personnel & Public Grievance
Department of Pension and pensioners’ Welfare

8th Floor, Janpath Bhavan,
Janpath, New Delhi,
Dated: 9th March, 2021

OFFICE MEMORANDUM

Subject: Timely payment of retirement benefits to the retiring employees

The undersigned is directed to say that timelines have been prescribed under the CCS (Pension) Rules, 1972 for each activity involved in the processing of a pension case and for payment of pension and gratuity to a retiring Government servant. As per this timeline, the process of verification of service and other preparatory work should be
undertaken one year before a Government servant is due to retire on superannuation, the Government servant should submit the forms six months before retirement, the Head of Office should send the pension case to the PAO four months before retirement and the PAO should issue PPO and send it to CPAO one month before retirement. The CPAO is required to issue the Special Seal Authority within 21 days, thereafter.

2. Instructions have been issued vide this Department’s OM No 1/27/2011- P &PW (E) dated 01.08.2017 for handing over the copy of pensioner PPO to him/her at the time of retirement along with other retirement dues. The Rules also provide for sanction of provisional pension in cases where a Government servant is likely to retire before finalization of his pension and gratuity.

3. “BHAVISHYA’, the online Pension Sanction & Payment Tracking System, facilitates online tracking of pension sanction and payment process by the individual as well as the administrative authorities and keeps the retiring employees informed of the progress of pension sanction process through SMS/E-Mail. The system is, therefore, very useful for ensuring timely payment of pensionary benefits to the retiring Government servant.

4. In spite of the timelines prescribed in the rules/ instructions and simplification/ streamlining of the procedures through BHAVISHYA, issue of the PPO and payment of retirement benefits continue to be delayed in a large number of cases. A significant percentage of the grievances registered on the CPENGRAMS relate to non-payment of retirement dues for several months after retirement. Delay in settlement of retirement dues also leads to avoidable litigation. In a number of cases, the courts have directed payment of interest for the delayed period to the affected pensioners, besides making adverse comments on the functioning of the administration.

5. In order to ensure timely payment of retirement dues in all cases, it has been decided that the progress of the pension cases should be regularly monitored by the Heads of the organizations and the Heads of Departments. An effective monitoring mechanism is required to be established in every office/ Department to review the progress of processing of the pension cases. The information available from the BHAVISHYA software may be utilized for this purpose.

6. Farewell programs are often organized in the offices on the occasion of retirement of employees. This is one of the most appropriate occasions that can be utilized to review the progress of the pension cases and to sensitize the concerned staff about the importance of timely payment of retirement dues. Accordingly, in every farewell function, Heads of organizations/ Departments/ offices may review the progress of pension cases of all the employees of that organization/ Department/ office, who are due for retirement in the next six months. Wherever the processing of any pension case is found to be behind schedule, proactive action must be taken to ensure that all retirement dues are paid on time to the retiring Government servant.

7. A half-yearly statement may be submitted by each Department/ organization/ office to the Secretary of the administrative Ministry/ Department indicating the particulars of the Government servants in whose case issue of PPO was delayed by more than two months after retirement on superannuation. The statement may also contain the reasons for the delay in issuing the PPO and remedial action taken to avoid such delays in future.

2. Instructions have been issued vide this Department’s OM No 1/27/2011- P &PW (E) dated 01.08.2017 for handing over the copy of pensioner PPO to him/her at the time of retirement along with other retirement dues. The Rules also provide for sanction of provisional pension in cases where a Government servant is likely to retire before finalization of his pension and gratuity.

3. “BHAVISHYA’, the online Pension Sanction & Payment Tracking System, facilitates online tracking of pension sanction and payment process by the individual as well as the administrative authorities and keeps the retiring employees informed of the progress of pension sanction process through SMS/E-Mail. The system is, therefore, very useful for ensuring timely payment of pensionary benefits to the retiring Government servant.

4. In spite of the timelines prescribed in the rules/instructions and simplification/streamlining of the procedures through BHAVISHYA, issue of the PPO and payment of retirement benefits continue to be delayed in a large number of cases. A significant percentage of the grievances registered on the CPENGRAMS relate to non-payment of retirement dues for several months after retirement. Delay in settlement of retirement dues also leads to avoidable litigation. In a number of cases, the courts have directed payment of interest for the delayed period to the affected pensioners, besides making adverse comments on the functioning of the administration.

5. In order to ensure timely payment of retirement dues in all cases, it has been decided that the progress of the pension cases should be regularly monitored by the Heads of the organizations and the Heads of Departments. An effective monitoring mechanism is required to be established in every office/ Department to review the progress of processing of the pension cases. The information available from the BHAVISHYA software may be utilized for this purpose.

6. Farewell programs are often organized in the offices on the occasion of retirement of employees. This is one of the most appropriate occasions that can be utilized to review the progress of the pension cases and to sensitize the concerned staff about the importance of timely payment of retirement dues. Accordingly, in every farewell function, Heads of organizations/ Departments/ offices may review the progress of pension cases of all the employees of that organization/ Department/ office, who are due for retirement in the next six months. Wherever the processing of any pension case is found to be behind schedule, proactive action must be taken to ensure that all retirement dues are paid on time to the retiring Government servant.

7. A half-yearly statement may be submitted by each Department/ organization/ office to the Secretary of the administrative Ministry/ Department indicating the particulars of the Government servants in whose case issue of PPO was delayed by more than two months after retirement on superannuation. The statement may also contain the reasons for the delay in issuing the PPO and remedial action taken to avoid such delays in future.

8. All the Ministries/ Departments are requested to bring the above instructions to the notice of the offices/ field organizations under their administrative control for strict compliance.

(Rajesh Kumar)
Under Secretary to the Government of India

To,

1. Admin Division of all Ministries/ Departments of Govt. of India:- for strict compliance.
2. NIC: to upload in the website of this Department

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BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
Corporate Office
Pension Section, 5th floor Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi-110001

No.48-2/2020- Pen (B)

Dated: 20-01-2021

To
All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores/ Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Recovery of dues other than Government dues from the retirement benefits of BSNL VRS-2019 Scheme retired employees – regarding.

Sir,
I am directed to refer to this office letter of even no. dated 29/09/2020, wherein guidelines to recover the due amount from the BSNL retirees, other than those retired under BSNL VRS-2019 Scheme has been issued. This is in accordance with the instructions issued vide DOT letter No.1/ misc/ Pen/ Issues/ BSNL/ DDG(Accts)/ 2019-Part(2)/2525 to 2958 dated 24/08/2020.

2. After issuance of the aforesaid letter, the guidelines to recover dues from the BSNL VRS-2019 retirees, who have been occupying BSNL accommodation after retirement, from their terminal benefits were under consideration.

3. Now, with the approval of the Competent Authority, it has been decided to recover the dues from the 2019 BSNL VRS optees, who are still in occupation of BSNL accommodation and also from those who have not submitted “No Dues Certificate” (NDC) in the following manner till they submit NDC after vacation of quarters :-

i) The amount of Leave Encashment payable by BSNL to the BSNL VRS-9019 retiree will be withheld;
ii) The remaining 8% of Ex-Gratia amount payable to BSNL VRS-2019 retiree will be withheld;
iii) Recovery will be made from the amount of reimbursement of Outdoor/ Indoor Medical claims submitted by the retiree;
iv) Recovery will be made from the amount of reimbursement of LTC/ TA claims submitted by the retiree;
v) Recovery will be made from the amount of reimbursement of Mobile Handset/ Briefcase / Bag/News Paper claims etc. Submitted by the retiree.

4, In this regard, the Unit/Branch, dealing with the allotment of BSNL Quarters may be asked to send Notice/ reminders to the concerned retirees for submitting the “No Dues Certificates” (NDC). After receiving the NDC, only the withheld amount in respect of the concerned retiree may be released by the Circle.

5. Further, as per the Clause 3,B 4 & 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Estate Officer is having full powers to issue Show Cause Notice to the Retired Employees, who were unauthorizedly occupying the Residential Accommodation, stating “Why an order of eviction should not be made within a period of three working days”. Hence, Estate Officers of the Circles are required to take necessary action, accordingly.

BSNL – Payment of final instalment of Ex-Gratia in respect of retirees of BSNL VRS 2019 instructions

6. Estate Officers of the Territorial Circles may take extra care to collect the details of the staff quarters in merged Units in their concerned Circle either through REM in ERP or otherwise and take necessary action to evict the unauthorised occupants under the provisions of the powers vested with them as per the “Eviction of Unauthorised Premises Act of 1971”.

7. The Estate Officers of the Circle/ SSA are responsible for any loss caused to BSNL, if they do not exercise the powers vested with them. Suitable action may also be initiated to recover the outstanding dues, if any, from the unauthorised occupants. Action taken in this regard may be intimated to this Office from time to time.

8, All the Heads of Circles/Administrative Units of BSNL are, therefore, “requested to take necessary action, in accordance with the aforesaid guidelines.

Yours faithfully,

(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt.)

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File No. FS-10/17/ 2020-FS
Govt. of India
Ministry of Communications
Department of Posts
(F.S. Division)

Dak Bhawan, New Delhi- 110001
Dated: 07.12.2020

To
All Heads of Circle

Subject: Eligibility for opening of Senior Citizen Savings Scheme Accounts – Reg.

Sir / Madam,

A POSB customer, formerly employed with M/s. Abbott Healthcare, Tanjore has sought for clarification through email whether he being a retired from a private company and 58 years of age is eligible to open SCSS account.

Detailed procedure related to opening of SCSS accounts have been laid down in Senior Citizen Savings Scheme notified vide G.S.R. 916(E) dated 12.12.2019. More specifically, Rule 3 (ii) of Senior Citizen Savings Scheme 2019 specifies, “an individual who has attained the age of fifty-five years or more but less than sixty years, and who has retired on superannuation or otherwise on the date of opening of an account under this Scheme is eligible to open the account, subject to the condition that the account is opened by such individual within one month of the date of receipt of the retirement benefits and proof of date of disbursal of such retirement benefit(s) along with a certificate from the employer indicating the details of retirement on superannuation or otherwise, retirement benefits, employment held and period of such employment with the employer, is attached with the application form”.

Central Government pensioners need not visit office of Pension department or pension disbursing agency for submission of Life Certificate

The rule doesn’t specify category of employer. Any customer fulfilling the conditions laid out in the Scheme is allowed to open SCSS account in the post office of his choice. This may be circulated to all the post offices.

This issues with the approval of DDG (FS).

(T C VIJAYAN)
Asst. Director (SB-I)

Source: DoP

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No.NC-JCM-2020/ DOPT (DA)

October 08, 2020

The Secretary,
Government of India,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,

Sub: Computation of gratuity and leave encashment in the case of persons retired/ to be retired after 1.1.2020 Consequent upon the denial of DA/DR

We invite your kind attention to the orders in F. No. 1/1/2020-E II (B) dated 23.04.2020 wherein the decision of the Government to deny the dearness allowance dearness relief to the employees and pensioners respectively has been conveyed. We had written two letters in the matter on 23rd April 2020 and on 26th May 2020. The undersigned had taken up the issue also with the Cabinet Secretary. when he assured of an informal discussion in the matter with the Staff Side. However. no talks have taken place thereafter. It is not for the first time that the Government is by pausing the National Council. Staff Side. On the last occasion. when the National Council met. we had pointed out the inordinate delay in convening the meetings. We are constrained to believe that the Government wanted the negotiating body to have a burial. I am however duty bound to convey the growing resentment of the employees over this unprecedented decision. As the Government has decided to deny the dearness relief to the pensioners. the pensioner community is in great financial stress as many of them are compelled to spend exorbitant amount for the treatment of Covid.

It has been brought to our notice that the denial of DA and freezing the same forced 18 months from 1.01.2020 to 1.07.2021 has created a piquant situation for the lower level administrative functionaries to correctly compute the retirement benefits in the case of those civil servants who are retiring after the date of issue of the above cited O.M. The definition of “emoluments” for the purpose of computing the gratuity as also the leave salary (of the accumulated leave) includes Dearness allowance as admissible and not as paid or payable to the Government servant. Without exception. every administrative Department has computed the entitlement on this account only with reference to the Basic pay Dearness allowance paid or received by the concerned individual i.e 17%, Either 21% w.e.f 1-1-2020 or figure increase in percentage are not taken into account while calculating gratuity and leave salary. Since the order of the Finance Ministry clearly stipulates that the Dearness Allowance admissible to the Government servants would be restored on 1.07.2021. the computation of Gratuity and leave salary without taking into account the DA as admissible to the individual Government servant is incorrect. Annexed to this letter is an example as to how the individual loses out if the present faulty, computation procedure is followed It could be seen from the given example, the concerned Government servant will lose a staggering sum of Rs. 57116 because of this faulty computation.

The Government is required to pass the orders as and when the DA has become due, Freezing it for certain period of time or denying it altogether for a specified duration are altogether different issues. Our objection to the adopted policy has already been conveyed to the Government. The faulty computation of Gratuity and Leave salary is not even intended by the order issued by the Government on 23rd April, 2020.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

We, therefore. request you to kindly get the matter examined and ensure that

(i) Orders are issued as and when the Dearness allowance has to be revised on the basis of the cost of living index;
(ii) Direct the administering Ministries to compute the emoluments of persons who are to retire during the period of freezing, taking the correct amount of DA as admissible to receive and not what has been paid to him for computing gratuity and leave salary
(iii) The orders revising the rate of DA DR are to be issued in April, 2020, before September, 2020 and again in April, 2021.

Thanking you,

Yours faithfully,

Shiva Copal Mishra
Secretary

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Corporatisation of Ordnance Factory Board: Ministry of Defence

Consequent to the decision of the Government to convert Ordnance Factory Board (OFB), a subordinate office of Ministry of Defence (MoD) into one or more than one 100 per cent Government owned corporate entities, the Government has constituted an Empowered Group of Ministers (EGoM), under the Chairmanship of Raksha Mantri Shri Rajnath Singh, to oversee and guide the entire process, including transition support and redeployment plan of employees while safeguarding their wages and retirement benefits. Other ministers in the EGoM are Home Minister Shri Amit Shah, Finance Minister Smt Nirmala Sitharaman, Minister for Law & justice Shri Ravi Shankar Prasad, Minister of State for Labour & Employment Shri Santosh Kumar Gangwar and Minister of State for Personnel, Public Grievance & Pension Dr Jitendra Singh.

Also check: Ordnance Factory Board (OFB) has designated 285 beds for isolation wards in handling Coronavirus (COVID-19) cases

The Terms of Reference (ToR) of the EGoM inter alia include:

(1) Decision on conversion of OFB into a single Defence Public Sector Undertaking (DPSU) or as multiple DPSUs;

(2) Matters related to various categories of employees including protection of their salary and pension of existing employees;

(3) Financial support that may be provided to the entity/entities to make them economically viable and self-reliant;

(4) Grandfathering of orders already being executed by OFB or for which facilities created in OFB;

(5) Treatment for land assets of OFB.

The composition of EGoM along with ToRs have been communicated to the OFB and various Federations, Unions and Associations at Board/ Factory/Unit level and they have been requested to place all their suggestions, issues and concerns relating to corporatisation of OFB before the EGoM.

The Department has also selected M/s KPMG Advisory Services Pvt. Ltd. (Lead Consortium Member) with M/s Khaitan& Co. Ltd. as another Consortium Member, as the Consultancy Agency for providing strategic and implementation management consulting services to assist the Department of Defence Production in the process of corporatisation of the OFB

Source: PIB

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No. 38/18/2018-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3 Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003

Dated: 14.08.2020

OFFICE MEMORANDUM

Sub :- Waiver of recovery of wrongful/ excess payments made to retired Government servants – regarding

The undersigned is directed to say that Hon’ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer), etc. in C.A. No. 11527 of 2014 summarised a few situations wherein recoveries by the employers would be impermissible in law. One of these situations relates to recovery from retired employees or employees who are due to retire within one year of the order of recovery.

Also read: Retirement benefits as per Rule 64 of CCS (Pension) Rules, 1972 during Covid Pandemic time

2. Based on the above judgment, Department of Personnel & Training has issued instructions vide their OM No. 18/03/2015-Esst. (Pay-l) dated 02.03.2016 that the issue of wrongful/excess payment made to Government servants may be dealt with in accordance with the decision of the Hon’ble Supreme Court in the above mentioned case. The instructions further provide that wherever the waiver of recovery in the situations mentioned in that OM is considered, the same may be allowed with the express approval of Department of Expenditure in terms of DoPT’s OM No. 18/26/2014-Estt (Pay-l) dated 06.02.2014.
3. In order to examine the matter in its entirety, all Ministries/Departments and Pension Disbursing Banks are requested to provide the following information regarding excess payment of pension and other retirement benefits to the retired Government employees:

• No. of retired employees from whom recovery of excess payment of pension and other retirement benefits has been made or is sought to be made by the Ministry/ Department as well as its attached offices and subordinate offices.
• No. of pensioners from whom recovery of excess payment of pension and other retirement benefits has been made or is sought to be made by the Pension Disbursing Bank.
• Period of excess payment in each case and the date on which excess payment was noticed.
• Amount of excess payment in each case.
• Whether any court/ CAT order has been received for waiver of recovery of excess payment in the light of the judgement of Hon’ble Supreme Court in Rafiq Masih’s case. If so, the details of such cases received in last three years (year-wise) and action taken on the order of court/ CAT may be indicated
• Whether any representation has been received for waiver of excess payment. If so the details of such representations received in last three years (year-wise) and action taken on the representations may be indicated.

4. All the Ministries/Departments are, therefore, requested to furnish the information sought in para 3 above to this Department by 15.09.2020 positively.

Also check: Order issued – Government employees retiring during COVID pandemic will be receiving provisional pension till their regular Pension Payments

(RC Sethi)
Under Secretary to the Government of India
Email.: sethi.rc@nic.in

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