210. Daily Rules Recap - Irregular action against the fixation of pay and ordering for recovery
• In accordance with the DOP & PW OM No. 11(15)/2022-P&PW(H) -8363(1) dated 28.10.2022, the process of pension case on superannuation shall be commenced during the one year period before retirement.
• In the said order under Para C, that the emoluments during the last ten months of service have been correctly shown in the service book, the Head of office shall verify the correctness of emoluments only for the period of twenty four months preceding the date of retirement of a Government servant, and not for any period prior to that date.
• As such raising objection for the fixation made for the earlier period is highly irregular and against to the spirit of the Govt of India orders.
• At least eight months prior to retirement the HOD shall furnish to the retiring Government servant a certificate regarding qualifying service and the emoluments/ average emoluments to be reckoned for retirement benefits.
• As per DOPT OM No. 18/03/2015 – Estt (Pay I) dated 3.10.2022 the Govt had quoted the Supreme Court judgments any excess payment found at a later date should be considered for waiver and the amount should not be recovered from the officials.
• The DOPT instructed that pay fixations may necessarily be audited by PAO within three months of issuing such orders and in cases where the employee is due to retire within next 4 years, audit of previous pay fixation orders shall be done on priority.
• There should not be review beyond the period of 4 years based on the Supreme Court verdict communicated by the DOPT vide its OM No.18/03/2015 – Estt (Pay-I) dated 2.3.2016.
• As per the orders stated in para supra, there should be no recovery from the employees who are due to retire within one year.
• There should be no recovery in cases from an employee when the excess payment has been made for a period of five years, before the order of recovery is issued. This has been again reiterated and exhibited in the DOPT in the website during November on the heading of recovery/waiver of the wrongful/excess payments made to Government servants.
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