POST OFFICE REGULATIONS – 2024 -1

 Model Representation -70

Due to delay in verification of retirement benefits had not been released . Against that action the following representation was submitted.

Sub: Non-payment of retirement dues due to community certificate verification – Case of.........

With due respect, I write to bring to your kind attention the issue of the non-payment of my retirement dues and to request your immediate intervention. I retired on …….. after serving with an unblemished record. There are no disciplinary or judicial proceedings pending against me, yet my DCRG, commutation amount, and pension authorization have not been released to me. Additionally, my leave encashment benefits have also not been paid due to the non-return of my service book by Postal Accounts.

Upon inquiry, I was informed that the delay is due to the pending verification of my community certificate, which was submitted at the time of my recruitment almost 30 years ago. It is disheartening that the verification process was only initiated by the SPOs, ……….. Division on ………., just two months before my retirement, despite my having submitted the certificate at the time of recruitment and having been promoted to LSG based on the same certificate. For reasons unknown, the process was delayed for almost three decades.

It is pertinent to note that the community certificate I submitted at recruitment has since been re-verified by the Tahsildar on …….., confirming its validity. A copy of this confirmation is attached for your reference. Therefore, there is no justification for withholding my retirement dues and pension.

As per Rule 9(4) of the CCS (Pension) Rules, 1972, pension and pensionary benefits cannot be withheld unless there are ongoing departmental or judicial proceedings, which is not the case here. There is no provision in the rules to withhold retirement benefits due to caste certificate verification, especially after superannuation. Only the President of India has the authority to withhold pension under Rule 9, and only in cases of grave misconduct.

Moreover, several judicial rulings have established that pending caste certificate verification cannot be equated with judicial proceedings, and it is not valid grounds for withholding retirement benefits. The delay in verifying caste certificates lies with the department, not the employee, and it is unreasonable to make me a scapegoat for procedural delays.

The Directorate's Letter No. 26-5/2019 PA (PEA)/2829-2830 dated 03.10.2019, as circulated in the Tamil Nadu Circle (No. STC/60-75/2019 dated 14.10.2019), and further guidelines (ID Note dated 02.07.2020, Chief PMG's Circular No. STC/60-75/2020 dated 13.08.2020) explicitly direct the settlement of pension cases where caste verification is pending. It is clear that pending verification cannot be construed as departmental or judicial proceedings, and withholding pensionary benefits under these circumstances is a violation of Fundamental Rules and amounts to harassment of pensioners.

I have served the Department with dedication for over 35 years, and I believe it is unjust to withhold my hard-earned retirement benefits, which are protected as a property right under Article 300A of the Constitution of India. This right cannot be denied without due process of law.

Additionally, the DoPT OM No. 41034/4/2020-Estt (Res-I) dated 19.03.2021 specifically addresses pension delay cases in Tamil Nadu Circle, stating that caste certificate verification should be completed within one month of referral. It is evident that the delay in my case, which occurred just two months before my superannuation, is unwarranted and appears to be an act of vendetta against my trade union activities as the Divisional Secretary of AIPEU Group ‘C’, ………. Division.

I am willing to submit any further declaration if required, though my caste certificate has already been verified. Therefore, I humbly request you to take immediate action to release my pending retirement benefits and pension, which have been unfairly withheld.

I trust in your fairness and consideration and hope for a swift resolution to this issue.

Thanking you in anticipation.