Pay refixation after retirement on superannuation.
NIRMA:YA PRASAD ROY
(Querist) 31 July 2019
This query is : Resolved
Retired on superannuation from Central Excise Deptt. on 31.10.2016 but none of the pensionery orders viz.Pension,Gratuity etc. was issued on the date of retirement. Even Provisional Pension and Provisional Gratuity were not sanctioned. No written information detailing the reasons for delay, given to me. In this connecion i is stated for our kind information that I had no disciplinary case pending and no rent for Govt.accommodation lying unpaid on the date of retirement. . Moreover,I had submitted the Pensionery papers duly completed and signed by me before stipulated date. My last drawn pay as on date of retirement i.e.on 31.10.2016 was Rs.82,400/- and Last Pay Certificate showing the same amount was also issued by the competent DDO on 02.11.2016 of his own. After 38 days of my superannuation i.e.on 08.12.2016 my Office of retirement issued a pay re-fixation order with retrospective effect from 01.09.2008 cancelling/modifying my MACP upgradations, which was granted by the competent Cadre Controlling Authority about 10 months back and pay fixations order issued by my office based on those MACP upgradations but the office did not even inform the competent Cadre Controlling Authority and also did not issue any prior information to me. Vide their pay re-fixation order dt.08.12.2016 they fixed my last pay as Rs.80,200/- as the PAO raised objection regarding validity of those MACP upgradations vide his letter dt.08.11.2016 issued after 07 days of my retirement. Neither any SCN nor any other letter informing me was issued by the Head of Office or PAO. As advised by PAO a sum of Rs.4,69,846/- was recovered from my gratuity and all my pensionery/retirement cut down accordingly caused by the Pay refixation order dt.08.12.2016. As a result of this, I was paid short pension and huge short paid gratuity including all other pensionery/reirement dues.
I would request you kindly to inform me whether the action of my office and PAO was correct as per governing CCS(Pension)Rules,1972 and apex Court orders on the subject , and if not, kindly advise me the steps to be taken by me to get justice under the rules. . In this connection,this is for your kind information and knowledge that several letters,grievance petitions including personal visits from time to time failed to yield the desired result of just settlement of the pensionery case .The Head of office is blaming PAO's letter dt.08.11.2016 and PAO is blaming Head of Office for delayed forwarding of pension papers to him by Head of Office for which he could not raise his objections before retirement date. But it appears from CCS(Pension)Rules,1972 that neither the PAO can advise Pay refixation nor the Head of Office is empowered to issue pay refixaion after retirement date. Hopefully looking for your kind expert advise and reply for future course of action since the matter is much delayed.
Dr J C Vashista
(Expert) 01 August 2019
Too long a story, no time.
It would be better to consult a local prudent lawyer for appreciation of facts, guidance and proceeding, if you feel so.
kavksatyanarayana
(Expert) 01 August 2019
Ji, to me you have to file WP in HC by consulting an advocate who have knowledge in service matters.
