NO.
4/56/98-P&PW(D)
GOVERNMENT
OF INDIA
Ministry
of Personnel, Public Grievances & Pensions
Department
of Pension & Pensioner's Welfare
Third Floor,Lok
Nayak Bhawan,
28th Dec, 1998
SUBJECT :
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 lump sum payment on
absorption PSU/ autonomous body Implementation of Supreme Court Judgment
dated 15.12.95 in Writ Petition (C) No. 11855/85 in contempt Petition No. 530/97
in Writ Petition (C) No. 11855/85
The Undersigned is directed to say that after
issue of the instruction 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 reference 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 along with 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.
Sd/-
(SUJIT DATTA)
DIRECTOR(PW)
---------------------------------------
---------------------------------------
Subject
: 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 lump sum payment on absorption in PSU/autonomous
body-Implementation of Supreme Court judgement dated 15.12.98 in Writ Petition
© No. 118550/83 as well as Supreme Court order dated 1.5.98 in Contempt
Petition No. 530/97 in Writ Potition (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 & Pensioner's Welfare Office Memorandum dated
30.9.96 and14th july 98.
2.
Requisite particulars alongwith supporting documents are given below :-
| 1. | Name in Block Letters |
|
| 2. | Date of Birth | |
| 3. | Name of Ministry/Deparatment/Office where employed prior to absorption. |
|
| 4. | Details of qualifying
service. |
|
| (a)
Date of joining Government service. |
||
|
(b)
Date of leaving Government service on account of absorption. |
||
|
(c) 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 Accounts Officer viz. the authority which issued the cheque for
lumpsum payment. |
DECLARATION
2.
I am fully aware that I have been asked to furnish the above information
as my service documents are not readily available.
Date :
Postal Address.