Provisional release of retirement benefits as per Rule 64 of CCS (Pension) Rules, 1972 during Covid Pandemic time

DOP&PW – Rule 64 of the CCS (Pension) Rules, 1972

No.12/9/2020-P&PW(C)-6450
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Pension & Pensioners’ Welfare
*****

8th Floor, Janpath Bhavan,
Janpath, New Delhi,
Dated: 17th July, 2020

OFFICE MEMORANDUM

Subject: – Provisional release of retirement benefits as per Rule 64 of CCS (Pension) Rules, 1972 during Covid Pandemic time.

The undersigned is directed to say that in view of the unprecedented situation which has arisen due to the outbreak of COVID-19, there may be cases where the processing of pension case of a retiring Government servant gets delayed due to various factors. A Government servant may find difficulty in submission of his pension Forms (Form 5, Form 3, etc.) to the Head of Office (HOO) or the Head of Office (HOO) may not be able to forward the claim form in hard copy along with service book to the concerned Pay & Accounts office in time, particularly when both the offices are located in different cities. There may also be cases where the Pay & Accounts Office is not able to process the case for authorization of pension before the retirement of the Government servant.

2. Rule 64 of the CCS (Pension) Rules, 1972 provides for sanction of provisional pension and provisional gratuity in cases where a Government servant is likely to retire before finalization of his pension and gratuity. In order to ensure timely payment of pension and retirement gratuity on retirement of a Government servant, wherever a Government servant is likely to retire before finalization of his pensionary benefits, the Head of Office may rely upon the information as available in the official records and take action to sanction provisional pension and provisional gratuity, with the approval of the Head of Department. The provisional pension and provisional gratuity may be sanctioned in those cases also, where retiring Government servant is unable to submit the pension claim Forms for any reason. In cases where it is not possible to verify the entire length of qualifying service immediately, provisional gratuity may be sanctioned in respect of the verified continuous spell of service immediately preceding the date of retirement. A copy of the draft letter for sanction of provisional pension and provisional gratuity is enclosed.

3. The Pay & Accounts Office shall consider the case on the basis of details of last emoluments and length of qualifying service indicated by the Head of Office and release the provisional pension and provisional gratuity in the same manner as pay and allowances of the establishment are paid. The Pay & Accounts Office shall not insist for complete documents of the case, including service book, at the stage of release of provisional pension and provisional gratuity.

4. These instructions shall also be applicable in cases where the Government servant retires otherwise than on superannuation, i.e. voluntary retirement, retirement under FR 56, etc.

5. In cases where the amount of provisional pension is later found to be in excess of the final pension, the excess amount of pension may be adjusted in the manner indicated in Rule 64 of CCS (Pension) Rules, 1972.

6. The payment of provisional pension sanctioned in accordance with para 2 above, may initially continue for a period not exceeding six months from the date of retirement. The period of provisional pension may be further extended, in exceptional cases, with the concurrence of PAO and after approval by the Head of Department. However, the total period of provisional pension shall, in no case, be more than one year from the date of retirement.

7. The date from which the final pension shall be commenced by the Pension Disbursing Authority(PDA), may be indicated by the Pay & Accounts Office in the PPO. The date for commencement of final pension by the PDA shall be at least two months after the date of issue of the PPO, taking into consideration the time likely to be taken by CPAO and CPPC to process the pension case. Pay & Accounts Office shall record a note in the PPO, as mentioned below, while authorizing the final pension.

“Provisional pension has been/shall be paid by the office for the period from to _____ @ Rs.________plus DA. The payment of final pension shall commence from the bank w.e.f…….”

The payment of provisional pension shall, accordingly, continue from the office till the date mentioned in the PPO for commencement of final pension by the PDA so that there is no gap between the date upto which the provisional pension is to be paid and the date of commencement of final pension by the PDA.

8. The instructions in this OM, in so far as they are at variance with the provisions of rule 64, shall be applicable till the work in offices is affected due to the outbreak of COVID-19. These instructions would be reviewed by this Department after normalcy is restored. The provisions of Rule 64 of the CCS (Pension) Rules, 1972 shall stand relaxed to the extent indicated above.

9. .The Administrative Divisions of all Ministries/Department and attached/subordinate offices are requested to bring these instructions to the notice of all concerned for compliance.

This issues with the approval of the competent authority.

(Rajesh Kumar)
Under Secretary to the Government of India
Tel No. 23310108

Signed Copy