No.4/56/98-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
Third Floor, Lok Nayak Bhavan, New Delhi,
dated the 28th December, 1998
OFFICE MEMORANDUM
Restoration of one-third commuted portion of pension after 15 years from the date of commutation or 1.4.85, whichever is later in respect of Government servants who had drawn lumpsum payment on absorption in Public Sector Undertaking/Autonomous Body – Implementation of Supreme Court Judgement dated 15.12.1995 in Writ Petition (C) No.11855/85 as well as Supreme Court order dated 1.5.1998 in Contempt Petition No. 530/97 in Writ Petition (C) No.11855/85.
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The undersigned is directed to say that after issue of the instructions contained in this Department’s O.M. No.4/59/97-P&PW(D) dated 14th July, 1998 on the subject cited above, a number of references have been received in this Department seeking advice in the matter of settlement of the cases of absorbed employees whose service book/records are neither available nor traceable.
2. The matter has been carefully examined in the Department. Maintenance of Service Book/record/document, etc. is the responsibility of the administrative Ministry/Department/office concerned. Non-availability of service records should not, therefore, be allowed to come in the way of processing the claims of the absorbed employees. With a view to ensuring speedy settlement of such cases, Ministries/Departments etc. are requested to advise the concerned absorbed employee to make available the requisite information in the prescribed application form (copy enclosed). While it will be the responsibility of the absorbed employee to furnish all the information in the prescribed application form, the claim preferred by the absorbed employee should not be ignored merely on the ground that the applicant has not furnished all the relevant and prescribed information in the application form or that the information furnished is insufficient. The information furnished by the absorbed employees in the prescribed application form should be verified by the sanctioning authority from available records to the extent possible. In respect of such information, as cannot be verified, the sanctioning authority should obtain a declaration, duly notarised, from the applicant and decide the case on the basis of information furnished by the applicant. No sanction should, however, be made unless it is established, beyond doubt, that the applicant is, in fact, an absorbed employee. For this purpose, a copy of the terms and conditions of absorption to be made available by the absorbee should be verified from the records available in the Department. In case of non-availability of any documentary evidence in the Department/Office, the fact should be verified from the concerned PSU/Autonomous Body where the employee was absorbed.
3. Ministries/Departments etc. are also requested to ensure that the applicant has signed the declaration below the Application Form so that any payment received by the applicant from the government based on any false statement could be recovered in one lumpsum alongwith interest at the rates applicable on GPF subscriptions from the date of receipt of payment from Government to the date of its refund.
4. Ministry of Labour etc. are requested to bring the contents of this O.M. to the notice of all concerned.
5. This issues with the concurrence of the Ministry of Finance (Department of Expenditure) vide their U.O.No.996/EV/98 dated 7.12.1998.
6. Hindi version of this O.M. is enclosed.
(SUJIT DATTA)
Director (PW)
To
All Ministries/Departments of the Government of India.
Copy to:
Office of the Comptroller General of India, 10, Bahadur Shah Zafar Marg, New Delhi (with 200 spare copies) for onward transmission to all A.Gs.
PROFORMA
To
___________________________
The Ministry/Department/Office etc.
(Pension Sanctioning Authority)
___________________________
__________________________
___________________________
Restoration of one-third commuted portion of pension after 15 years from the date of commutation or 1.4.85, whichever is later, in respect of Government servants who had drawn lumpsum payment on absorption in Public Sector Undertaking/Autonomous Body – Implementation of Supreme Court Judgement dated 15.12.1995 in Writ Petition (C) No.11855/85 as well as Supreme Court order dated 1.5.1998 in Contempt Petition No. 530/97 in Writ Petition (C) No.11855/85.
Sir,
I had drawn lumpsum payment on absorption in the ___________________________ (name of the PSU/autonomous body). You are requested to kindly restore 1/3rd commuted portion of pension in terms of the Department of Pension &Pensioners’ Welfare Office Memorandum dated 30.9.96 and 14th July, 98.
2. Requisite particulars alongwith supporting documents are given below:
1. Name in Block Letters.
2. Date of Birth.
3. Name of Ministry/Department/Office
Where employed prior to absorption.
4. Details of qualifying service
Date of joining Government service Date of leaving Government service on account of absorption. Total qualifying service rendered under Government which was taken into account for grant of pro-rata pension on absorption
5. Date of absorption in the PSU/autonomous body (a copy of the terms and conditions of absorption to be attached).
6. Designation/Basic Pay/Pay Scale of the post held under Government at the time of absorption.
7. Age at the time of absorption.
8. Amount of pro-rata pension sanctioned.
9. Amount of pension commuted and date of payment.
10. Name of the Account Officer viz., the authority which issued the cheque for lumpsum payment.
DECLARATION
I hereby declare that the information furnished in this application is true, complete and correct to the best of my knowledge and belief. I understand that in the event of any information being found false or incorrect and detected at a later stage, I am bound to refund the entire restored amount of commuted portion of pension, DR, if any received on such pension etc. to Government in one lumpsum alongwith interest at the rates applicable to GPF from the date of receipt to the date of refund to Government.
I am fully aware that I have been asked to furnish the above information as my service documents are not readily available
Signature of Applicant
Date:
Postal Address:
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