GOVERNMENT OF KERALA Abstract RULES - KER4A SERVJCE RULES PART II! - DELAY IN PAYMENT OE PENSIONARY I3\iNEF1TS - GUIDELINES TO AVOID - ORDEES ISSUED g FINANCE (PENSION - B) DEPARTMENT G.O.(P) No. 185

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002IFin. Dated, ThiruvananthapUram, 27th March 2002

1. Circulai\No. 73199 Fin, dated 30.11.1999. Letter N. 14284(96/ OP 1/2000 / AAG dtd. 10.4.2000 from Ihc Additiorat Advocate General, Kerala. D.O. Let4r No: P1/G 1/6-4412001-02/20 dated 22.5.2001 from the Depuky Accountant General (Pension) QjDER So many ins\tances have come to notice wherein the pensiOflary

benefits due to retire4 employees could not be disbursed evcn-afte.2 or 3 years of retirement du to non-finalisation of Departmental/DiSC1P1i nary / Vigilance P r occedings\initiatcd against employees while in service. In certain such cases Govcrrment had to pay even huge amount of intercst upto 18% for the pensionary\benefits on the basis of Court! Lok Auyktha direc(ions to that effect. Evnthough Circular instructions were Issucd in the matter from time to time\dclay still persists. To tide over the Situation some additional measures are\found necessary. Accordingly. the following orders are issued for the sccdy settlement of pensionary claims. (i) Cases of dert.rne I2.!j0n...In pension cases where the delay is due to non-finalisaion of departmental action pending against the employee, efforts should c made to reduce the incidence of payment of interest to the maximum c\xtcnt possible by expediting the conclusion of departmental action within\one year. Pension Sanctioning Authorities will finatise the departmental ation continued under Rule 3 within one year of retirement positively by cloely monitoring the action. This should be made. an item of agenda for the periodical departmental conference and the higher authority should specially rview the progress of departmental action so that it is completed within th time allowed / specified. Provisional Pension pto admitted pension and commutation can

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303 A of KFC Vol.1. Accordi gly proviso under Rule 3 of Part A oPn5 ion (Commutation) rules will be d'leted. In case of non-quantifjcatjon halbilit> due to administrative rca (InS and reasons other than departmental or Judicial action, all ensionar benefits should he settled within 60 days of. retirement alter withholding he percencace of DCRG for a period of c me year after accepting an undc taking from the pensioner that the liabjl I ty fixed can be recovered from the pension in monthly installments, if he withheld portion of DCRG is insufficient. This procedure will be follow ed -

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instead of Surety Bond menti ned in Ruling No. I under Rule 116 Part III KSRs..

ii> Case of!ieilance ing at the time of retirement a report reveals that it is long

9j,j:Tn the case of Vigilance enquiry pen densionarv report may be obtained and if ci le

dkawn Out process. pensionary benefits m ty he settled and recover>' of los made through R.R. or civil proceedings c conclusion of Vigilance enqufty. For an,y,,dclav bevondone fretirt merit, persons entrusted with iiternal and Viilance enquiry arvactiunwillhernIly rcponib!c and interest ifpavablewi he realised from them.

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iii) Case not in departmenca br Judicial Proceed ines It cases, where the employee was not dealing with cash stores. scocknc other valuables. etc, the fact heher there is an>' Iiabiiity or not istó b

reported to the new office alon with LPC and Service Book in the c. es ol NGO's and along with CTC in tte case of Gazetted Employc. If any audit is required to know any hiabiIiy in the case of those who are dealing with ..

cash. stores, etc. a quick test ajdic is to be got done and assessed liability reported to the new office wittin 2 months of such transfer. Liability for

th

last 3 years prior to supernnua(ion need alone be quantified for the

purpose of finalisatign ofpcnsi.iarv benefits and its recovery from DCRG. i!JIaIsO_ incunih.nt upon emp' vec as well, for his pwn intelest to ensure th at the NLCILC from other pff res in which h worked durin last 3 rears

f his suerauacion are rrach d well in ad..ynce to th e o(fice from which is goine to supera.nnuce. S the employee also should take steps to :oikct the NLC from the otfic, he worked for th last 3 years by request ng that head ofoific to issue LCILC and if necessary through personal

.lact. It should not be left t

the convenience of the officc. Both th e

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Head of Office and employee shuld act in mutually a complCflfltaafl Efforts should be madetocnsure that NLCILC in respect of the office the year of superannuation alone remains .hich an employee worked h

i(t.

quantification at the time of rcrcmcnt. etc. In cases

(iv) Delays due to A where the delay in payment finalising I clearing audit obj ducling audit in time. pensiol of non-clearance of Audit ot

pensionary benefits is due to delay in lions / enquiry repor(s and delay in conon ground y bcncfits cannot be withheld ction/ Inspection reports of the Internal convincing reasons to believe that there

Audit wing etc. Unless there are malafide intcflt iOns Ol1_th

At present interest on (v) Issuance of NLC P ayment y benefits is paid by Government to satisfy, delayed payment A pensiona possible contempt. pending realisation of Court directions and to avoi 5ponsible. For any delay beyond I year in the same from the persons r dicjal action at the time of retirement and cases of pending dcpartmenta rJ u pension sanctioning Authority/AuthoritY 6 months in normal cases, ti who is to issue consolidated

LC/IC will be personally held responsible

fb the delay and may be mad

liable to remit to Government account the

interest amount before inter

is actually paid by Government.

Formal necessary

nts to Rules in part Ill KSRs will be

issued separately.

By Order of the Governor V.S.SENTHIL Secretary (Finance Expenditure)

To The Principal Accour

nt General (Audit), Kerala Trivandrum.

The Accountant Gene

I (A&E) Kerala. Trivandrum

All Heads of departiT

its and offices I All Departments

(all sections) of the S

:rctariat.

The Secaretary. Keral

Public Service Commission (CL)

r..eglstrar K.criTrcultural University. Trissur (with c(L) The Secretary, Ker Ia State Electricity Board (with CfL. The General Mana cr. Kerala Scatc Road Transport Corporation Trivandrum (with IL) The Registrar, Hig Court. Ernakulam (with CIL) The NORKA deparment All Secretaries / A. ditional Secretaries I Joint Sccretaries/Depüty Secretaries I Unde Secretaries to Government. The Secretary to G vernor The Private Secret• ries to the Leader of Opposition and Governme Chief Wip. The Private Secret ry to the Hon'ble Speaker The Director of Pu lic Relations, Trivandrum The Additional Sec etary to the Chief Secretary The Director of Tre surics, Trivandrtjm. The District Treasuries / Sub Treasuries The Genera! Administration (SC) Dept. Vide decision of Council dated 9.1.2002 unde - item No. 699 The publi Rclatios department Endt. on F2/2354312002

Forest Headquarters, Trivandrum. 13.9.20O2

Copy forwarded to

I! Chief Conservator of Fo'rests, Conservators of

Forests, Divisional Fore

Officers, Field Director Project Tiger, Kottayam,

Asst. Conscrvators of Fc

sts and Wild Life Wardens, for information and

strict attention.

Copy tO: All section

/ Branch Officcrs & Stock files.

(Sd!-) For Chief Conservator of Forests (Administrations)