Adjustment and recovery of Government dues from gratuity payable under the Central Civil Services (Pension) Rules, 2021
This memorandum discusses the adjustment and recovery of Government dues from gratuity payments under the Central Civil Services (Pension) Rules, 2021. The document outlines the responsibility of the Head of Office in assessing and recovering Government dues from retiring government servants, encompassing various categories of dues. It also emphasizes that only specific Government dues can be deducted from the retirement gratuity.
No. – 28/91/2022-P&PW(B) (1)
Government of India
Ministry of Personnel, Public Gricvances and Pensions
Department of Pension and Pensioners’ Welfare
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3rd Floor. Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 20th October, 2023
OFFICE MEMORANDUM
Subject: Adjustment and recovery of Government dues from gratuity payable under the Central Civil Services (Pension) Rules, 2021- reg.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 67 of the Central Civil Services (Pension) Rules, 2021 deals with Government duces which can be adjusted and recovered from the gratuity payable to a Government servant under these rules.
2. As per Rule 67 of the Central Civil Services (Pension) Rules, 2021, it shall be the duty of the Head of Office to ascertain and assess Government dues payable by a Government servant due for retirement on superannuation / retiring otherwise than superannuation/ retired from service. The Government dues which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of the retirement gratuity becoming payable.
3. The Expression ‘Government dues’ includes
(a) dues pertaining to Government accommodation including arrears of licence fee as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of the allottee, subletting, unauthorised occupation, transfer to an ineligible office, cte.) and dues or arrears in respect of electricity, water and PNG charge, if any;
(b) dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961 (43 of 1961).
4. Rules further provides that only the Government dues as referred to in sub-rule (2) shall be adjusted against the amount of retirement gratuity payable to the retired Government servant and any other ducs which are not Government dues in terms of sub-rule (2) shall not be recoverable from the amount of retirement gratuity.
5. All Ministries/Departments are requested that the above provisions regarding Government dues which can be recovered from Gratuity payable under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices there under, for strict implementation.
(S. Chakrabarti)
Under Secretary to the Govt. of India
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