Dear Sir,
I Dr. Ram Prakash, aged 75 years, am an academician by profession. I retired from Kurukshetra University as Professor and Head of the Chemistry Department on 31st August 1997 at the age of 60.
On 1st Sept 1997 I got an offer from a nearby educational institute to work as a Visiting Professor for a Post Graduate Course run by the institute under 'Self-Finance-Scheme'. This course was not receiving any financial assistance from the Government and was purely financed by the 'Management Funds' under 'Self-Finance-Scheme' and the fees of the students. This course was certified as Self-Finance-Course by Directorate of Higher Education Haryana.
My last drawn gross salary (incl. Basic + DA) was Rs. 20058 per month from the University.
In my new assignment after retirement, I was offered a fixed "Honorarium" of Rs 8000 per month + an unfurnished house worth Rs 2900 per month, whose rent was also paid from Management Funds.
An affidavit to this effect was submitted to the University as per the rules of the University and the University truncated my pension citing rule 7.18 of Civil Services Rules Vol-II (Given at the end of the this post).
However I feel that the Honorarium paid to me was not from any 'Government Revenues' or a 'Local fund' so my case should not come under the purview of Pension Truncation. As per Rule 7.17 cited below:
7.17 A Government employee who is in receipt of a superannuation or retiring pension shall not be re-employed or continue to be employed in service paid from the Government revenues or from a Local Fund, except on public grounds and in a purely temporary capacity with the sanction of the competent authority.
Note. -A competent authority may declare that the restrictions contained in this rule shall not apply to any particular local fund or to Local Funds of any particular class or that they shall apply subject to such modifications as it may direct
My honorarium+house rent (8000+2900) after re-employment was less than my last pay drawn (20058) from the university, and thus I was entitled for full pension. Please refer to Rule 7.18 (a) as cited below:
7.18 (a) Pay on re-employment of civil pensioner will be fixed as per pay last drawn subject to the maximum of the pay scale in which re-employed. Original pension he will continue to draw his pension separately.
In the light of the above facts kindly advise whether the University is a Competent Authority to fiddle with me Pension?
And if the university has done so without any jurisdiction and authority, what 'quick and fast' legal recourse I have to (i) Recover my deducted pension (ii) Claim damages from the university for wrongly fiddling with my pension and harassment caused to me depriving me of my right to draw the pension which is due as a right of a citizen who has retired after putting in Service of 33 years in an institution.
GOVERNMENT OF THE PUNJAB
DEPARTMENT OF FINANCE
THE PUNJAB CIVIL SERVICES RULES
Volume II
(Third Edition)
(Corrected up to 31st March, 1984)
E - AFTER SUPERANNUATION OR RETIRING PENSION
Source: https://www.punjabrevenue.nic.in/csrvol2(1).htm
7.17 A Government employee who is in receipt of a superannuation or retiring pension shall not be re-employed or continue to be employed in service paid from the Government revenues or from a Local Fund, except on public grounds and in a purely temporary capacity with the sanction of the competent authority.
Note. -A competent authority may declare that the restrictions contained in this rule shall not apply to any particular local fund or to Local Funds of any particular class or that they shall apply subject to such modifications as it may direct.
7.18 The authority competent to fix the pay and allowances of the post in which the pensioner is re-employed shall determine whether his pension shall be held wholly or partly in abeyance. If the pension is drawn wholly or in part, such authority shall take the fact into account in fixing the pay to be allowed to him.
7.18 (a) Pay on re-employment of civil pensioner will be fixed as per pay last drawn subject to the maximum of the pay scale in which re-employed. Original pension he will continue to draw his pension separately.
(b) Pay on re-employment of Military Pensioner will be fixed at the minimum of the scale of pay of the post in which he re-employed. He will continue pension separately.
Note 1. - A Head of Department when delegated powers under rule 7.17, may not allow the pensioner to draw full pension in addition to the full pay of the post except when the re-employment or continued employment is for bonafide temporary duty lasting for not more than one year or the pension does not exceed Rs. 50 a month. When the power is delegated to any other subordinate authority such authority may not allow the pensioner to draw in full a pension of more than Rs. 50 a month, in addition to the full pay of the post. Where the pension exceeds Rs. 50 a month such authority may also the pensioner to draw a pension of Rs. 50 a month in addition to the full pay of the post.
Note 2. - Where the employment is in service paid from a Local Fund authority determining whether the pension shall be, wholly or partly, held in abeyance shall be either :-
(i) The authority administering the Local Fund, if so empowered by the competent authority by special or general orders in this behalf ; or
(ii) In any other case such other authority as the competent authority may prescribe.
(iii) The provisions of Note 4 below apply mutatis mutandis to retired Government employees re-employed under Local Funds.
Note 3. - (a) In determining the pay of a re-employed pensioner the following principles shall be observed namely:-
(i) the pay must not exceed the substantive pay drawn immediately before retirement or the maximum of the scale applicable to the post in which the Government employee is re-employed whichever is less and pension which is non-effective pay, shall not ordinarily be allowed in addition :
Provided that if the pension does not exceed Rs. 50 p.m. the entire amount of pension and where it exceeds Rs. 50 per month the first Rs. 50 shall not be taken into account in fixing the pay on re-employment.
(ii) if in any case pension is allowed in addition to pay, the pay plus pension including commuted portion, if any, shall not exceed the substantive pay drawn immediately before retirement or the maximum of the post in which he is re-employed, whichever is less.
(b) In fixing the pay in accordance with the above principle, the pension ‘equivalent’ of the death-cum-retirement gratuity should always be taken into account, in case of retirement Government employees who before re-employment were governed by the New Pension Rules or had opted for the modified pension rules,
The pension equivalent of the death-cum-retirement gratuity will be determined on the basis of the commutation table applicable to the Government employee at the time of retirement:-
Provided that in cases where death-cum-retirement gratuity or anticipatory death-cum-retirement gratuity can not actually paid to the retired Government employee during the period of re-employment or a part thereof, ‘the pension equivalent’ to that unpaid amount of death-cum-retirement gratuity will not be accounted for and will not be deducted from the pay admissible to the retired Government employee during that period of re-employment or a part thereof, as the case may be, provided no delay is caused in the authorization of the amount of death-cum-retirement gratuity because of the failure on the part of the employee to comply with procedure for furnishing such information and such particulars to the Head of office in the absence of which it is not possible to issue an authority for payment of gratuity.
Provided further that if a Government employee while holding a permanent post in a substantive capacity has officiated in a higher post or has held a higher temporary post continuously for not less than ten months, prior to his retirement, the pay drawn by him in an officiating capacity at the time of retirement will be treated as substantive pay for the purpose of determining his pay on re-employment.
Note 4. - It is permissible to allow commutation of a portion of pension, within admissible limits, even when the pension is held wholly in abeyance and even if, in cases where it is held partly in abeyance, the amount of pension desired to be commuted exceeds the amount of pension actually drawn. If a pensioner, whose pension is held wholly in abeyance commutes his pension, his pay during re-employment will be reduced from the date the commutation becomes effective, by the amount of pension commuted. If, however, the commutation is in respect of a pension partly held in abeyance, that portion of the pension which is actually drawn during re-employment, will first be set off against commutation and if the pension drawn is not sufficient to cover the amount to be commuted, the different will be set off against the portion held in abeyance, a corresponding reduction being made in the pay during re-employment with effect from the date the commutation becomes effective.
Note 5. - In the case of a Government employee retiring under Contributory Provident Fund benefits, the pension equivalent of the total contribution payable by Government along with the interest due thereon should be taken into account for the purpose of determining his pay during re-employment. The pension equivalent in such cases should also be determined by applying the current Table of Commutation of Pension as in the case of Death-cum-Retirement Gratuity.
