RBE No. 95/2010
PC-VI No. 212
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated: 06.07.2010.
All Indian Railways & Production Units.
(As per Mailing List)
Subject: Grant of full pension to Government servants who retired on or after 01.01.2006 – recovery of excess payment of Retirement Gratuity from the employees who retired voluntarily after getting the benefit of adding years of service – Clarification reg.
The Department of Pension & Pensioners’ Welfare (DOP&PW) vide their O.M. No.38/37/08-P&PW(A) dated 10.12.2009, circulated vide this Ministry’s letter of even number dated 15.12.2009, have dispensed with the provision relating to linkage of full pension with 33 years of qualifying service, with effect from 01.01.2006 instead of 02.09.2008. These instructions, inter-alia, provide that the benefit of adding years of qualifying service for the purpose of computation of pension and gratuity shall stand withdrawn w.e.f. 01.01.2006. Simultaneously, para 4 of the said O.M. also provides that the overall calculation, may take into account revised gratuity and revised pension, including arrears up to the date of revision based on these instructions and that no recoveries would be made in the cases already settled.
2. In this connection, clarification has been sought from this office as to whether in the .case of employees who retired voluntarily during the period from 01.01.2006 to 01.09.2008, after getting the benefit of adding years of service, the excess payment of gratuity ;is to be recovered or adjusted from the arrears of pension and commuted value of additional pension arising out of implementation of the instructions contained in DOP&PW’s O.M. dated 10.12.2009 ibid. The matter has, therefore, been examined by this Ministry in consultation with DOP&PW and it is clarified that the recovery of excess payment of gratuity on the above account, shall be regulated as under:
|1||In cases where the
employees , retired volu ntarily after
1.1.2006 with pro-rata pension
calculated for the qualifying service
Loss than 33 years, pension will under
go upward revision and additional amount
of pension will also be commutable
|Excess payment of
gratuity on account of withdrawal of
weightage w.e.f. 01.01.2006 will be
adjusted against arrears of pension (and
not commuted value of pension). However,
this adjustment will be restricted to
the amount of arrears of pension. If the
recovery of gratuity is more than the
amount of arrears of pension, no
recovery in excess of arrears of pension
will be made.
|2||In cases where employees
retired voluntarily after 1.1.2006 after
getting the benefit of adding years of
qualifying service and were granted
pension @ 50% of emoluments/average
emoluments, as the case may be, due to
their qualifying service having reached
33 years, there will be no revision in
the amount of pension but the amount of
retirement gratuity will undergo a
change due to exclusion of the benefit
of adding years of service, already
extended to them.
|Where there is no
increase of pension, no recovery of
gratuity will be made.
3. All Zonal Railways etc., are, therefore, advised to settle the cases of the employees who retired voluntarily after 01.01.2006 but before 02.09.2008, in accordance with the above clarification.
Deputy Director Finance (Estt.)III,