WAIVER OF RECOVERY OF WRONGFUL/EXCESS PAYMENTS MADE TO RETIRED GOVERNMENT SERVANTS – DOP&PW OM NO. 38/18/2018-P&PW (A) DATED 14.08.2020
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.
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:
1. 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.
2. 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.
3. Period of excess
payment in each case and the date on which excess payment was noticed.
4. Amount of excess
payment in each case.
5. 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
6. 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.
(RC Sethi)
Under Secretary to the
Government of India
Email.: sethi.rc@nic.in
To
1. Secretaries of All Ministries / Departments
of Government of India
2. CPPCs
of all Pension Disbursing Banks
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