GOVERNMENT
OF ANDHRA PRADESH
Pension – Payment of Pensionary benefits to the Government Servants
retired from service pending disciplinary action – Action against the retired
persons for their lapses – Consolidated – Orders – Issued.
G.O.Rt.No.1097 Dated: 22-06-2000
Read the following
1.
Memo No. 37254/361/A2/Pen.I/98, Dt.4-7-1998 of the Finance and Planning (FW.
Pen.I) Dept.
2.
Memo No. 3026/18/A2/Pen.I/99 dated 1-6-1999 of Finance and Planning (FW. Pen.I)
Dept.
3.
Cir.Memo No.37989-A/494/A2/Pen.I/98 Dated 21-04-1999 of Finance and Planning
(FW. Pen.I) Dept.
4.
G.O. Ms. No. 11, F&P (FW.FR1) Dept. Dt.15-01-1997
5.
D.O.Lr.No.368/VC.A2/99 Dt.17-02-2000 of Vigilance Commissioner, A.P.
Hyderabad.
O R D E R:
The Vigilance Commissioner in the reference 5th read above, has stated that references are being made to that Commission by the departments of secretariat wanting to know the terminal benefits that can be sanctioned and those that are necessary to be withheld on retirement of an Officer facing charges in departmental proceedings or criminal prosecution. Hence, he has requested to issue consolidated instructions indicating the terminal benefits that can be released and those that are to be withheld in the above referred cases, so that a lot of unnecessary file work, litigation in Courts and harassment of retired Officers can be prevented. Accordingly, the following orders are hereby issued.
2. According to the existing rules, the following are the
terminal benefits to be sanctioned to a retired Government employee.
1. Family Benefit
Fund
2. Andhra Pradesh
Group Insurance Amount
3. General Provident
Fund amount
4. Andhra Pradesh
Government Life Insurance amount
5. Encashment of
Earned Leave
6. Retirement
Gratuity
7. Pension /
Provisional Pension
8. Commuted Value of Pension
3. In case of Government Employees against whom the departmental
proceedings or criminal proceedings are pending at the time of retirement, all
the above terminal benefits need not be released. Proceedings pending means,
there must be proceedings already initiated and pending within the meaning of
rule 9 of the Andhra Pradesh Revised pension Rules, 1980, a Government servant
who attains the age of superannuation while under suspension should be allowed
to retire on the due date of superannuation. But pensionary benefits cannot be
settled until the conclusion of the enquiry or disposal of charges. In such
cases, the payment of terminal benefits shall be regulated as follows.
A. The following
amounts shall be paid to the retired employee since no recoveries can be made
from these amounts:
1. Family Benefit
Fund
2. Andhra Pradesh
Group Insurance Scheme
3. General Provident
Fund
4. Andhra Pradesh
Government Life Insurance
B.
Encashment of Earned Leave: As per the orders issued in G.O. 4th
read above, the authority competent to grant leave, in the above-mentioned
cases may withhold whole or part of cash equivalent of earned leave, if in the
view of the competent authority there is a possibility of some money becoming
recoverable from him on conclusion of the proceedings against him. On
conclusion, the retired employee will become eligible to the amount so withheld
after adjustment of the Government dues, if any. As such, Encashment of Earned
Leave can be regulated accordingly.
C.
Retirement Gratuity: According to clause (C) of sub-rule (1) of rule 52 of
the Andhra Pradesh Revised Pension Rules, 1980, on Gratuity shall be paid until
the conclusion of the departmental or judicial proceedings and issue of final
orders. According to the proviso to the above said rule, where departmental
proceedings have been instituted under rule 9 of the Andhra Pradesh Civil
Services (Classification, Control and Appeal) Rules, 1991, for imposing any of
the penalties specified in clauses (i), (ii) and (iv) of rule 9 of the said
rules, except the cases falling under sub-rule (2) of rule 22 of the said
rules, the Government Servant. It is also further provided in the said rule
that where a conclusion has been reached that a portion of pension only should
be withheld or withdrawn and the retirement gratuity remains unaffected in the
contemplated final orders, the retirement gratuity can be released up to 80% of
the eligible retirement gratuity.
D.
Provisional Pension: As per Sub-rule (4) of rule 9 of the Andhra Pradesh
Revised Pension Rules, 1980, the retired employees mentioned in the above cases
shall be sanctioned provisional pension as provided in rule 52 of the said
rules. According to rule 52 of the said rules, the Audit Officer / Head of
Office shall pay the provisional Pension not exceeding the eligible pension.
The provisional pension shall be paid from the date of retirement to the date
on which, final orders are passed by the competent authority on conclusion of
the departmental or Judicial proceedings pending against the retired employee.
The Provisional pension shall not be less than 75% of the normal pension entitlement.
2.
Pension sanctioning authorities are competent to sanction provisional pension
to the Non-Gazetted Officers. It shall be sanctioned by the Government in the
case of Gazetted Officers.
3.
In the above-mentioned cases, the department shall send pension papers to the
Accountant General and it should be mentioned in the forwarding letter that
departmental / judicial proceedings are pending and with a request to indicate
only the quantum of pension that would be admissible which should not be
released till further orders as only provisional pension has to be released.
The Accountant General may then verify the pensionary benefits admissible and
indicate the quantum of pension, where upon the Head of the Department may
intimate the quantum of Provisional pension for payment in case of Gazetted
Officers, so that Government will sanction the same. The Accountant General,
A.P. Hyderabad, will straight way authorize the minimum provisional pension
i.e., 75% of the quantum of pension verified by his office, pending sanction by
the pension sanctioning authority and that if the appropriate authority
sanctions more than 75% of the eligible pension as provisional pension. The
accountant General will issue an amendment accordingly.
E. Commuted Value of Pension: No Commutation of pension shall be allowed in the above-mentioned cases since sub rule 3 of the rule 3 of the Andhra Pradesh Commutation rules, do not permit a Govt. Servant against whom judicial of departmental proceedings has been instituted or pending, to commute any part of his pension during the pendency of such proceedings. Further, in the case of those to whom only provisional pension is granted, if after conclusion, entire pension is withheld, the question of commutation does not arise. In the case of others to whom pension was allowed either in full or in part, the period of one year for commutation without medical examination has to be reckoned from the date of issue of orders on conclusion of the proceedings.
4. Action against a retired officer who commits irregularities
can be taken on three counts:
1) Criminal
Prosecution,
2) Disciplinary
action,
3) Recovery of the amount.
In case of the death of the retired officer, action on first two counts will abate but as per the orders issued in the G.O.Ms.No.85, Finance and Planning (FW. Pen.I) Department dated.12-07-1999, the loss or mis-appropriated amounts can be recovered from the terminal benefits of the retired officer.
5. If any irregularity of a retired employee is noticed after his retirement and no departmental proceedings can be instituted under sub-rule (2)(b) of rule 9 of Andhra Pradesh Revised Pension Rules, 1980, the department can initiate criminal action against the retired officer or action under the Andhra Pradesh Revenue Recovery act, 1964 to recover the loss if any caused to the Government by him.
6. All the departments of Secretariat and Pension sanctioning authorities are requested to take action accordingly and finalize the cases as quickly as possible.
(By Order and in the name of the Governor of Andhra Pradesh)
