Tuesday 30 August 2022

Integrated Pensioners’ Portal for “Ease of Living” of Pensioners

 Integrated Pensioners’ Portal for “Ease of Living” of Pensioners 

Ministry of Personnel, Public Grievances & Pensions

Integrated Pensioners’ Portal for “Ease of Living” of Pensioners to be developed by Department of Pension & Pensioners Welfare

Pension Grievances to be addressed on Priority

PNB CPPCs to coordinate with DoPPW & Lead Transformational Reforms in Pensioners’ welfare

Posted On: 30 AUG 2022 3:35PM by PIB Delhi

A two-day Bankers’ Awareness Program has been inaugurated today by Shri V Srinivas, Secretary, Department of Pension and Pensioners’ Welfare (DoPPW) at Government of India at Amritsar. Shri Gauri Prasad Sharma, CGM, GBD PNB, Shri S N Mathur, Joint Secretary (DoPPW), Shri Bhupal Nanda, CCP, CPAO, and Shri Parveen Goyal, GM, PNB participated in the inauguration ceremony. More than 50 officers from northern zone from CPPCs and pension dealing branches are participating in this 2-day program.

Shri V Srinivas, in his inauguration address, stressed on providing seamless experience to pensioners for which the Department is working on an AI/ML enabled Integrated Pensioners Portal, linking the Department of Pension & Pensioners Welfare portal Bhavishya and Pension Portals of various Banks, creation of Chat bot to ensure seamless interaction between pensioners, Government and banker.

Shri Srinivas said, the Department is setting up a technology team for creating the above digital systems as the first deliverables in collaboration with PNB as well as with other banks. Utmost attention is to be given on process and people related grievances by PNB. Digital life Certificate was launched in 2014 which is available through Aadhar based bio-metric devices, Indian Post Payments bank’s 1,90,000 Gramin Dak Sevaks and Doorstep banking by banks. Face authentication technology was launched in November, 2021 which will transform the way pensioners submit their life certificate. Use of fintech in much larger way will enable quality of life for pensioners.

To enhance “Ease of Living” of pensioners and family pensioners, Department of Pension & Pensioners Welfare, Government of India has taken a number of welfare measures in pension policy as well as in digitization of pension related processes. There have been a number of amendments in the pension rules and several clarificatory orders/ instructions have been issued during the last 50 years. These have been compiled and brought out as Central Civil Service (Pension) Rules, 2021 in December, 2021.

Since the major Pension Disbursing Authorities are banks, the Department of Pension and Pensioners’ Welfare (DoPPW) has started a series of Awareness Programs for Central Pension Processing Centres and field functionaries handling pension related work in the bank. The objective of these programs is to spread awareness of the various rules and procedures regarding disbursement of pension to Central Government pensioners as well as to update the field functionaries about the changes that take place from time to time through various amendments in the policy and procedures. The purpose of the program is also to understand issues faced by Bank officials in handling these processes and pensioners’ grievances. Digital life certificate and face authentication technology would be a game changer for pensioners and banks in submission of life certificates. These awareness programs would serve as a huge capacity building exercise for bank officials.

It is expected that such awareness programs would be highly useful for bank officials and pensioners/ family pensioners. The first such program for officers of Punjab National Banks being held on 30th and 31st August, 2022 at Amritsar, covering the Northern region of country. Four such awareness programs will be conducted in collaboration with Punjab National Bank to cover the whole country. On similar lines, awareness programs will be conducted in collaboration with other Pension Disbursing Banks in 2022-23.

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Sealed Cover Procedure and its implications on the Government servants at the time of promotion: Information Document by DoP&T updated as on 30.08.2022

 Sealed Cover Procedure and its implications on the Government servants at the time of promotion: Information Document by DoP&T updated as on 30.08.2022

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
******

SEALED COVER PROCEDURE

Department of Personnel & Training has issued various instructions on sealed-cover procedure and its implications on the Government servants at the time of promotion. The procedure to be followed in this regard by the authorities concerned is summarized in the following paras forguidance and better understanding: –

GOVERNMENT SERVANTS TO WHOM SEALED COVER PROCEDURE IS APPLICABLE

2. At the time of consideration of the cases of Government servants for promotion, details of Government servants in the consideration zone for promotion falling under the following categories should be specifically brought to the notice of the Departmental Promotion Committee: –

(i) Government servants under suspension;
(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.

For the purpose of pendency of prosecution for a criminal charge, the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 [Now Explanation 1(b)((i) under Rule 8 of CCS (Pension) Rules, 2021] is adopted. The Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 [Now Explanation 1(b)(i) under Rule 8 of CCS (Pension) Rules, 2021] provides as under:-

“(b) judicial proceedings shall be deemed to be instituted –
(i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made”

[Para 2 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992; and
Para 8 of OM No. 22034/4/2012-Estt.(D) dated 02.11.2012]

2.1 A Government servant, who is recommended for promotion by the Departmental Promotion Committee but in whose case any of the circumstances mentioned in para 2 above arises after the recommendations of the DPC are received but before he is actually promoted, the recommendations of DPC will be considered as if his case had been placed in a sealed cover by the DPC. He shall not be promoted until he is completely exonerated of the charges against him.

[Para 7 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

2.2 It is stated that para 2.1 above will not be applicable if by the time the seal was opened to give effect to the exoneration in the first enquiry, another departmental inquiry was started by the department against the Government servant concerned. This means that where the second or subsequent departmental proceedings were instituted after promotion of the junior to the Government servant concerned on the basis of the recommendation made by the DPC which kept the recommendation in respect of the Government servant in sealed cover, the benefit of the assessment by the first DPC will be admissible to the Government servant on exoneration in the first inquiry, with effect from the date his immediate junior was promoted.

[Para 3 of OM No. 22011/2/2002-Estt.(A) dated 24.02.2003]

2.3 In the case of review DPC, where a junior has been promoted on the recommendations of original DPC, the official would be considered for promotion if he/she is clear from vigilance angle on the date of promotion of the junior, even if the circumstances of para 2 above get attracted on the date of actual promotion. Further, in case where the junior is not promoted, it is to be ensured that the provisions of para 2.1 above are not attracted on the date the official is being actually promoted.

[Para 3 of OM No.22034/4/2012-Estt.(D-II) dated 23.01.2014]

PROCEDURE TO BE FOLLOWED BY DPC IN RESPECT OF GOVERNMENT SERVANTS UNDER CLOUD

3. The Departmental Promotion Committee shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned above alongwith other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. The assessment of the DPC, including ‘Unfit for Promotion’, and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed ‘Findings regarding suitability for promotion to the grade/post of ……………..in respect of Shri ……………………………………..(name of the Government servant). Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri……………………………. The proceedings of the DPC need only contain the note ‘The findings are contained in the attached sealed cover’. The authority competent to fill the vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of the DPC in respect of the suitability of a Government servant for his promotion are kept ina sealed cover.

[Para 2.1 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

3.1 The same procedure outlined in para 3 above will be followed by the subsequent Departmental Promotion Committees convened till the disciplinary case/criminal prosecution against the Government servant concerned is concluded.

[Para 2.2 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

SIX MONTHLY REVIEW OF “SEALED COVER” CASES

4. It is necessary to ensure that the disciplinary case/criminal prosecution instituted against any Government servant is not unduly prolonged and all efforts to finalize expeditiously the proceedings should be taken so that the need for keeping the case of a Government servant in a sealed cover is limited to the barest minimum. It has, therefore, been decided that the appointing authorities concerned should review comprehensively the cases of Government servants, whose suitability for promotion to a higher grade has been kept in a sealed cover on the expiry of 6 months from the date of convening the first Departmental Promotion Committee which had adjudged his suitability and kept its findings in the sealed cover. Such a review should be done subsequently also every six months. The review should, inter alia, cover the progress made in the disciplinary proceedings/criminal prosecution and the further measures to be taken to expedite their completion.

[Para 4 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

PROCEDURE FOR AD-HOC PROMOTION OF “SEALED COVER” CASES

5. In spite of the six-monthly review referred to in para 4 above, there may be some cases where the disciplinary case/criminal prosecution against the Government servant is not concluded even after the expiry of two years from the date of the meeting of the first DPC, which kept its findings in respect of the Government servant in a sealed cover. In such a situation, the appointing authority may review the case of the Government servant, provided he is not under suspension, to consider the desirability of giving him ad-hoc promotion keeping in view the following aspects:-

(a) Whether the promotion of the officer will be against public interest;
(b) Whether the charges are grave enough to warrant continued denial of promotion;
(c) Whether there is any likelihood of the case coming to a conclusion in the near future;
(d) Whether the delay in the finalization of proceedings, departmental or in a court of law, is not directly or indirectly attributable to the Government servant concerned; and
(e) Whether there is any likelihood of misuse of official position which the Government servant may occupy after ad-hoc promotion, which may adversely affect the conduct to the departmental case/criminal prosecution.

The appointing authority should also consult the Central Bureau of Investigation and take their views into account where the departmental proceedings or criminal prosecution arose out of the investigations conducted by the Bureau.

[Para 5 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

5.1 In case the appointing authority comes to a conclusion that it would not be against the public interest to allow ad-hoc promotion to the Government servant, his case should be placed before the next DPC held in the normal course after the expiry of the two year period to decide whether the officer is suitable for promotion on ad-hoc basis. Where the Government servant is considered for ad- hoc promotion, the Departmental Promotion Committee should make its assessment on the basis of the totality of the individual’s record of service without taking into account the pending disciplinary case/criminal prosecution against him.

[Para 5.1 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

5.2 After a decision is taken to promote a Government servant on an ad-hoc basis, an order of promotion may be issued making it clear in the order itself that:-

(i) the promotion is being made on purely ad-hoc basis and the ad-hoc promotion will not confer any right for regular promotion; and

(ii) the promotion shall be “until further orders”. It should also be indicated in the orders that the Government reserves the right to cancel the ad-hoc promotion and revert the Government servant,at any time,to the post from which he was promoted.

[Para 5.2 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

5.3 If the Government servant concerned is acquitted in the criminal prosecution on the merits of the case or is fully exonerated in the departmental proceedings, the ad-hoc promotion already made may be confirmed and the promotion treated as a regular one from the date of the ad-hoc promotion with all attendant benefits. In case the Government servant could have normally got his regular promotion from a date prior to the date of his ad-hoc promotion with reference to his placement in the DPC proceedings kept in the sealed cover(s) and the actual date of promotion of the person ranked immediately junior to him by the same DPC, he would also be allowed his due seniority and benefit of notional promotion as envisaged in para 6.

[Para 5.3 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

5.4 If the Government servant is not acquitted on merits in the criminal prosecution but purely on technical grounds and Government either proposes to take up the matter to a higher court or to proceed against him departmentally or if the Government servant is not exonerated in the departmental proceedings, the ad-hoc promotion granted to him should be brought to an end.

[Para 5.4 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

ACTION AFTER COMPLETION OF DISCIPLINARY CASE/ CRIMINAL PROSECUTION

6. On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Government servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated, the due date of his promotion will be determined with reference to the position assigned to him in findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior-most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceeding/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.

[Para 3 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

6.1 Promotion of the Government servant exonerated after retirement:

(a) The applicability of the para 6 above in so far as it relates to cases where the Government servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:

(i) Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and

(ii) The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/ her.

(b) In such cases, notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 6 above.

(c) A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.

[Para 3 to 5 of OM No. 22011/3/2013-Estt.(D) dated 25.01.2016]

6.2 In case the subsequent proceedings (commenced after the promotion of the junior) results in the imposition of any penalty before the exoneration in the first proceedings based on which the recommendations of the DPC were kept in sealed cover and the Government servant concerned is promoted retrospectively on the basis of exoneration in the first proceedings, the penalty imposed may be modified and effected with reference to the promoted post. An indication to this effect may be made in the promotion order itself so that there is no ambiguity in the matter.

[Para 4 of OM No. 22011/2/2002-Estt.(A) dated 24.02.2003]

6.3 In case where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed, the following action is to be taken :-

(i) Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior court.

(ii) In the order of promotion, a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against the acquittal of the Government servant. The promotion will be without prejudice to the action that may be taken if the judgment of the trial court acquitting the Government servant is set-aside.

(iii) In case, the Government servant stands convicted on appeal, the following action will be taken:

a) The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b) In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be under suspension in terms of rule 10(2)(b) of the CCS (CCA) Rules, 1965 from the date of conviction;

c) Action under Rule 19(i) of the CCS(CCA), Rules, 1965, shall be taken.

[OM No. 11012/6/2016-Estt.(A-III) dated 19.01.2017]

6.4 If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him.

[Para 3.1 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

6.5 In a case where disciplinary proceedings have been held under the relevant disciplinary rules, ‘warning’ should not be issued as a result of such proceedings. If it is found, as a result of the proceedings, that some blame attaches to the Government servant at least the penalty of ‘censure’ should be imposed.

[Para 3.2 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

SEALED COVER PROCEDURE FOR CONFIRMATION

7. The procedure outlined in the preceding paras should also be followed in considering the claim for confirmation of an officer under suspension, etc. A permanent vacancy should be reserved for such an officer when his case is placed in sealed cover by the DPC.

[Para 6 of OM No. 22011/4/91-Estt.(A) dated 14.09.1992]

8. List of the OMs mentioned in this document is annexed. In case any reference to the relevant OM is required, the same may be accessed from the Archive Section of DOPT’s website.

(Updated on 30.08.2022)

ANNEXURE

List of OMs mentioned in this Document

1. OM No. 22011/4/91-Estt.(A) dated 14.09.1992

2. OM No. 22011/1/99-Estt.(A) dated 25.02.1999

3. OM No. 22011/2/2002-Estt.(A) dated 24.02.2003

4. OM No. 22034/4/2012-Estt.(D) dated 02.11.2012

5. OM No.22034/4/2012-Estt.(D-II) dated 23.01.2014

6. OM No. 22011/3/2013-Estt.(D) dated 25.01.2016

7. OM No. 11012/6/2016-Estt.(A-III) dated 19.01.2017


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Regarding introduction of the online account opening and closure through DOP Internet Banking for Public Provident Fund (PPF) Accounts

 Regarding introduction of the online account opening and closure through DOP Internet Banking for Public Provident Fund (PPF) Accounts

Public Provident Fund (PPF) Accounts – Online account opening and closure through DOP Internet Banking, Department of Posts has introduced the facility vide SB Order No. 14/2022

SB Order No. 14/2022
F. No. FS-13/7/2020-FS
Government of India
Ministry of Communications
Department of Posts
(FS Division)
Dak Bhawan, New Delhi-110001
Dated: 30.08.2022

To,
All Head of Circles / Regions
Subject: – Regarding introduction of the online account opening and closure through DOP Internet Banking for Public Provident Fund (PPF) Accounts.
Madam / Sir,

In line with providing more digital transaction facilities to POSB customers, the undersigned is directed to say that online account opening and closure for Public Provident Fund (PPF) have been introduced in DOP Internet Banking. Now DOP Internet Banking users can open and close their PPF account online. For more details kindly read FAQ available at link https://ebanking.indiapost.gov.in

2. The option for opening and closing of Public Provident Fund (PPF) account is available under the ‘General Services’ tab of DOP Internet Banking. Internet Banking user should follow the below prescribed procedure for opening and closure of PPF account: –

(a) Procedure for opening of PPF Account: –

Login into DOP Internet Banking
‘General Services’
‘Service Requests’
‘New Requests’
PPF Accounts – Open a PPF Account
Deposit Amount (Enter Amount for which PPF account is to be opened minimum ₹500 or above in multiple of ₹ 50 upto ₹ 1,50,000/-
Debit Account (Select linked PO Saving Account)
Click on ‘Click Here’ to read terms and conditions and accept terms and conditions
Submit online
Enter Transaction Password
Submit.
View/Download Deposit Receipt.
Note: – (i) Log in again to view the details of PPF Account opened under ‘Accounts’.
(ii) PPF Account will be opened in the name of DOP Internet Banking user and nominee will be same as registered in linked PO Savings Account.

(b) Procedure for Closure of PPF Account: –

Login into DOP Internet Banking
‘General Services’
‘Service Requests’
‘New Requests’
Closure of PPF Accounts
Deposit Account (Select PPF Account to be closed)
Credit Account (Select linked PO Saving Account)
Submit online
Enter Transaction Password
Submit.
View/Download Closure Receipt.
Note: – (i) Logout and login again to view the details of PPF Account closed.

(ii) Only matured account can be closed under this option.
(iii) As premature closure is allowed under specific conditions, for premature closure kindly submit account closure form, passbook and relevant documents at Post Office concerned.

3. It is requested to circulate these instructions to all post offices for information and guidance. Adequate promotion of this functionality is to be given for the benefit of POSB customers.

4. Hindi version of this SB order will be issued in due course.

5. This issues with the approval of the competent authority.

Yours Sincerely,

(Devendra Sharma)
Asst. Director (SB-II)

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Enhancement of Bonus Celling Limit - DoPT OM dated 25/08/2022

 Enhancement of Bonus Celling Limit -  DoPT OM dated 25/08/2022



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Monday 29 August 2022

Booking of Air Tickets on Government Account in respect of Leave Travel Concession (LTC): Instructions by DoP&T vide OM dated 29.08.2022

 Booking of Air Tickets on Government Account in respect of Leave Travel Concession (LTC): Instructions by DoP&T vide OM dated 29.08.2022

F. No. 31011/12/2022-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block, New Delhi.
Dated 29th August, 2022

OFFICE MEMORANDUM

Subject: Instructions on booking of Air Tickets on Government Account in respect of Leave Travel Concession (LTC) – regarding.

The undersigned is directed to refer to the above mentioned subject and to state that in view of the disinvestment of Air India and the consolidated instructions issued consequently by Department of Expenditure vide O.M. No. 19024/03/2021-E.IV dated 16.06.2022, which is also applicable in case of air journey in respect of LTC, it has been decided that:

  1. In all cases of air travel in respect of LTC, air tickets shall be purchased only from the three Authorized Travel Agents (ATAs), namely:

(a) M/s Balmer Lawrie & Company Limited (BLCL),

(b) M/s Ashok Travels & Tours (ATT),

(c) Indian Railways Catering and Tourism Corporation Ltd. (IRCTC).

  1. The choice of the travel agent for booking of ticket from the three authorized travel agents is left open to the Ministry/Department and the official in case of self booking, based on convenience and service quality. No agency charges/convenience fees will be paid to these ATAs.
  2. Government employees are to choose flight having the Best Available Fare on their entitled travel class which is the Cheapest Fare available, preferably for Non-stop flight in a given slot, mentioned below, at the time of booking. They are to retain the print-out of the concerned webpage of the ATAs having flight and fare details for the purpose of the settlement of the LTC claims.

(a) On the day of travel in the desired 3 hours’ slot of following time band — 00:00 hours to 03:00 hours, 03:00 hours to 06:00 hours, 06:00 hours to 09:00 hours, 09:00 hours to 12:00 hours, 12:00 hours to 15:00 hours, 15:00 hours to 18:00 hours, 18:00 hours to 21:00 hours, 21:00 hours to 24:00 hours.

(b) With provision of optimizing within a 10% price band, for convenience and comfort.

  1. Employees are encouraged to book flight tickets at least 21 days prior to the intended date of travel on LTC, to avail the most competitive fares and minimize burden on the exchequer.
  2. Employees are also encouraged to avoid unnecessary cancellations. Cancellations made less than 24 hours before intended travel on LTC, will require the submission of a self-declared justification by the employee. All the three ATAs have been directed to provide zero/nil cancellation charges. Till then, cancellation charges are to be reimbursed for all cases where cancellation was due to the circumstances/reasons beyond the control of Government employee.
  3. Employees should preferably book only one ticket for each leg of intended travel on LTC. Holding of more than one ticket is not allowed.
  4. While tickets may be arranged by the office through the travel agent, employees are encouraged to make ticket booking digitally through the Self Booking Tool/online booking website/portal of these 3 ATAs only. Employees must register their official Government Email-Id with these three agencies to book their air tickets digitally through above modes for travel by any airlines.
  5. In case of unavoidable circumstances, where the booking of ticket is done from unauthorized travel agent/website, the Financial Advisors of the Ministry /Department and Head of Department not below the rank of Joint Secretary in subordinate/attached offices are authorized to grant relaxation.
  6. No Mileage Points will be generated against travel on Government account.

Provisions for Advances

  1. Government employees entitled for air travel, may apply for LTC advance with the print-out of the concerned webpage of authorized travel agency having suitable flight and fare details while tracking the fare of the flight under the three hour time slot, as mentioned at Para l{iii)(a) above, at least 30 days prior to the intended date of journey.
  2. Government employees not entitled for air travel and wish to travel by air but not under the Special Dispensation Scheme, may apply for LTC advance with reference to Rail/Bus fare.
  3. Those Government employees who are not entitled for air travel but who wish to travel by air under the Special Dispensation Scheme, may apply for LTC advance with reference to Rail/Bus fare from their Headquarters/place of posting up to Kolkata/Guwahati/Chennai/Visakhapatnam/Delhi/Amritsar plus air fare (indicated in print-out of the concerned webpage of authorized travel agency having suitable flight and fare details) from the relevant railhead in Kolkata/ Guwahati/ Chennai/ Visakhapatnam/ Delhi/ Amritsar till the place of visit in North East Region/Union Territory of Jammu & Kashmir/ Union Territory of Andaman & Nicobar/Union Territory of Ladakh.

Provisions for Reimbursements

  1. In case, at the time of actual booking of the ticket after receiving the advance, there is any difference in fare owing to the time gap between request for advance and grant of advance, the difference in fare will be adjusted at the time of settlement of LTC claim.
  2. In all cases wherein the non-entitled Government employees travel by air under Special Dispensation Scheme directly from their Headquarters/place of posting to the place of visit in NER/J&K/A&N/Ladakh, the Government employees must take the print-out of the concerned webpage having flight and fare details of the flight for relevant railhead viz. Kolkata/ Guwahati/ Delhi/ Amritsar/ Chennai/ Vishakhapatnam to the place of visit viz. NER or UT of J&K or UT of Ladakh or UT of A&N within the same time-slot where the direct flight has been booked for the purpose of reimbursement. In case the flight tickets are not available in the same slot, the print out of the details of the flights available in the next slot may be retained.
    In such cases, the reimbursement will be restricted to the actual air fare for the direct journey or the fare entitled under Special Dispensation Scheme, whichever is less.
  3. Government employees not entitled for air travel and wish to travel by air but not under the Special Dispensation Scheme, are also required to book their air ticket through only the three ATAs mentioned above irrespective of booking time limit. However, the reimbursement will be restricted to the actual air fare or the entitled train/bus fare for the shortest route, whichever is a

(Satish Kumar)
Under Secretary to the Government of India
Tel: 2304 0341

To
All Secretaries of Ministries/Departments
(As per Standard List) :

Copy to:

  1. Comptroller & Auditor General of India, New Delhi.
  2. Union Public Service Commission, New Delhi.
  3. Central Vigilance Commission, New Delhi.
  4. Central Bureau of Investigation, New Delhi.
  5. Parliament Library, New Delhi.
  6. All Union Territory Administrations
  7. Lok Sabha/ Rajya Sabha Secretariat.
  8. All Attached and Subordinate Offices of Ministry of Personnel, P.G. & Pensions.
  9. Hindi Section for Hindi version.
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Sunday 28 August 2022

No recovery of overpayment from the employee/pensioner at belated stage, where employees is not at fault: Supreme Court

 No recovery of overpayment from the employee/pensioner at belated stage, where employees is not at fault: Supreme Court

The bench of Justices M.R. Shah & B.V. Nagarathna was dealing with the appeal challenging the judgment passed by the Madhya Pradesh HC by which the High Court has allowed the said writ appeal preferred by the State of Madhya Pradesh and has set aside the judgment passed by the Single Judge. As the benefits were wrongly paid under the circular dated 23.05.2009, which was subsequently withdrawn on 30.05.2012, the State Government ordered recovery of the excess amount paid along with the interest. The communication withdrawing the circular and the recovery of the excess amount paid along with the interest were the subject matter of the Writ Petition preferred by the M.P. Medical Officers Association.

Text of Judgement reproduced below:-

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5527 OF 2022

M.P. Medical Officers Association …Appellant(s)

Versus

The State of Madhya Pradesh & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 5528 OF 2022

Dr. Ram Naresh Rajauria & Ors. …Appellant(s) Versus
The State of Madhya Pradesh & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 5529 OF 2022

Dr. Sushil Kumar Khare & Ors. …Appellant(s) Versus
The State of Madhya Pradesh & Ors. …Respondent(s)

AND

CIVIL APPEAL NO. 5530 OF 2022

Dr. Deepak Phanse & Ors. …Appellant(s)

Versus

Reason: The State of Madhya Pradesh & Ors. …Respondent(s)

J U D G M E N T

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh, Jabalpur in Writ Appeal No. 1073 of 2018 by which the High Court has allowed the said writ appeal preferred by the State of Madhya Pradesh and others and has quashed and set aside the judgment and order passed by the learned Single Judge passed in Writ Petition No. 6236 pf 2014, the original writ petitioners – M.P. Medical Officers Association and other individual members of the Association have filed the present appeals.

2. The members of the appellant Association and other appellants were working as Specialists and Dental Specialists respectively under the M.P. Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988. The said Rules were repealed by the M.P. Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 2007 published in the Gazette on 27.03.2008. The State issued an order on 26.08.2008 to grant higher pay-scale on completion of six years to the Medical Officers, Dental Surgeons and officers working in the Specialist cadre in a four tier pay-scales. Later, the circular dated 23.05.2009 was issued to the effect that the period from the date of appointment shall be counted as notional appointment though the benefit of the scheme shall be granted from the date of issuance of the order of the State Government dated 26.08.2008. In the circular dated 23.05.2009, it was also provided that the fourth tier pay-scale will be payable on completion of the prescribed service period, but the financial benefits shall be extended w.e.f. 26.8.2008. The period between the date of completion of the prescribed period and 26.08.2008 shall be eligible for notional pay fixation. Having found that the circular dated 23.05.2009 was wrongly issued and was issued without approval of the Finance Department and as the benefits flowing from the circular dated 23.05.2009 were having financial implications/burden and it was found that the said circular was issued by the authority, who had no competence and therefore vide communication dated 30.05.2012, the circular dated 23.05.2009 came to be withdrawn. However, the respective Medical Officers working as Specialists, Dental Specialists and the officers working in the specialist’s cadre – members of the appellant association were granted the actual benefit flowing from the circular dated 23.05.2009 till 30.05.2012, i.e., till the circular dated 23.05.2009 was withdrawn. As the benefits were wrongly paid under the circular dated 23.05.2009, which was subsequently withdrawn on 30.05.2012, the State Government ordered recovery of the excess amount paid along with the interest.

2.1 The communication dated 30.05.2012 withdrawing the circular dated 23.05.2009 and the recovery of the excess amount paid alongwith the interest were the subject matter of Writ Petition No. 6236 of 2014 preferred by the M.P. Medical Officers Association. Individual writ petitioners also filed their separate writ petitions, however, the Writ Petition No.6236 of 2014 preferred by the Association was treated as the lead matter. By common judgment and order, the learned Single Judge allowed all the writ petitions and quashed the communication dated 30.05.2012 withdrawing the circular dated 23.05.2009. The learned Single Judge also quashed the orders of recovery of the excess amount paid alongwith the interest.

2.2 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge dated 20.12.2017 passed in Writ Petition No. 6236 of 2014, the State preferred Writ Appeal No. 1073 of 2018 before the Division Bench of the High Court. By the impugned judgment and order, the Division Bench of the High Court has allowed the aforesaid writ appeal and has quashed and set aside the judgment and order passed by the learned Single Judge quashing and setting aside the communication dated 30.05.2012 withdrawing the circular dated 23.05.2009 and also quashing the recovery of the excess amount paid alongwith the interest. The impugned judgment and order passed by the Division Bench of the High Court passed in Writ Appeal No. 1073 of 2018 is the subject matter of the present appeals.

3. We have heard Shri P.S. Patwalia, learned Senior Advocate appearing on behalf of the appellant and Shri Saurabh Mishra, learned Additional Advocate General appearing on behalf of the respondent State.

4. Having heard the learned counsel for the respective partis and having gone through the impugned judgment and order passed by the Division Bench of the High Court and the ground on which the circular dated 23.05.2009 was withdrawn namely, the same was issued without authority and/or competence and was issued without any approval and/or concurrence of the Finance Department as the benefits flowing from the circular dated 23.05.2009 were having financial implications/burden, we see no reason to interfere with the impugned judgment and order passed by the Division Bench of the High Court upholding the communication dated 30.05.2012 withdrawing the circular dated 23.05.2009. The Division Bench of the High Court is absolutely justified in quashing and setting aside the judgment and order passed by the learned Single Judge of the High Court quashing the communication dated 30.05.2012 withdrawing the circular dated 23.05.2009.

4.1 However, at the same time, the Division Bench of the High Court has erred in quashing and setting aside the judgment and order passed by the learned Single Judge allowing the writ petitions and setting aside the recovery of excess amount paid for the period between 2009 to 2012, which was sought to be recovered with interest.

5. It is not in dispute that the members of the appellant association, who were serving as Specialists, Dental Specialists and officers in the specialist’s cadre got the benefits under the circular dated 23.05.2009. It was the Department/State, who issued the circular dated 23.05.2009 and paid the benefits under the circular dated 23.05.2009 to the members of the appellant association, which subsequently came to be withdrawn by the State in the year 2012. Therefore, as such, there was neither any misrepresentation on the part of the concerned employees – members of the appellant association nor can the mistake be attributed to them. The mistake, if any, can be said to be that of the Department/State, who issued the circular dated 23.05.2009 under which the members of the association were given certain benefits till the same was withdrawn in the year 2012. Therefore, in the peculiar facts and circumstances of the case, the State was not justified in ordering recovery of the excess amount paid along with the interest. It is true that stricto sensu, the decision of this Court in the case of State of Punjab and others Vs. Rafiq Masih, (2015) 4 SCC 334 may not be applicable. However, at the same time, as observed hereinabove, and in the facts and circumstances of the case, the State was not justified in ordering recovery of the excess amount paid with interest, more particularly, when it is reported that some of the doctors/dentists – members of the association have retired on attaining the age of superannuation and the recovery shall be from their pension/pensionary benefits. However, at the same time, their pay fixation and the pension shall have to be as per the order dated 26.08.2008.

6. In view of the above and for the reasons stated above, all these Appeals Succeed in part. The impugned judgment and order passed by the Division Bench of the High Court upholding the recovery of the excess amount paid alongwith interest is hereby quashed and set aside.

In result, there shall not be any recovery of the excess amount paid pursuant to the circular dated 23.05.2009 till the same was withdrawn on 30.05.2012. However, for all other purposes including the pay fixation and pension etc., the same shall be now worked out as per the order dated 26.08.2008, as if, the circular dated 23.05.2009 was never issued.

Present appeals are accordingly partly allowed to the aforesaid extent. However, in the facts and circumstances of the case, there shall be no order as to costs.

………………………………….J.
[M.R. SHAH]

………………………………….J.
[B.V. NAGARATHNA

NEW DELHI; AUGUST 26, 2022.

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Additional Pension at the rate of 20% of the basic pension on completion of 80 years of age to the retired AIS officers: DOPT Order dated 23.08.2022

 Additional Pension at the rate of 20% of the basic pension on completion of 80 years of age to the retired AIS officers: DOPT Order dated 23.08.2022

No.29018/10/2022-AIS-II(Pension)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated 23/08/2022

To.
All Chief Secretaries of all
State Governments/UTs

Subject: Determination of relevant date from which senior retired AIS officers should be paid additional 20% of basic pension.

Sir/Madam,

Reference is invited to Rule 18(1-A) of AIS (DCRB) Rules, 1958 which provides that in addition to pension admissible in accordance with clause Rule 18(1 )(b) of AIS (DCRB) Rules, 1958, after completion of eighty years of age or above, additional pension shall be payable to the retired member of the service in the following manner

Age of PensionerAdditional Pension
From 80 years to less than 85 years20% of basic pension
From 85 years to less than 90 years30% of basic pension
From 90 years to less than 95 years40% of basic pension
From 95 years to less than 100 years50% of basic pension
100 years or more100% of basic pension

 2. In this context, as per the admissible Rules / provisions, additional pension shall be payable from first day of the calendar month in which it falls due and not from the date of completion of 80 years of age. For example, a pensioner born either on 01.08.1942 or on 20.08.1942 shall be eligible for additional pension at the rate of 20% of the basic pension with effect from 01.08.2022.

3. State / UT Governments are requested to ensure that there is no discrepancy in the interpretation of the aforementioned Rule and the retired AIS officers are paid additional pension as per the above provision.

Yours sincerely,
Sd/-
(Kuldeep Chaudhary)
Under Secretary to Government of India
011 -2309 4714

Source: DOPT

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