Ashok (Officer) 02 September 2011

Children education allowance for central govt employees

Sir,

I have been paid tuition fee reimbursement (education allowance) up to March 2010 for my third child as till date the orders from DOPT were not clear and have similarity with the orders during 5th pay commission. All the bills for the payments were cleared by audit and accounts sections of the department. After the clarification received from DOPT circular dated 13th November 2009 (CEA for two eldest children only) I did not receive any payment. Now DDO has ordered to recover the amount paid to me from September 2008 to March 2010 with interest. As the payments were received only due to unclear orders and similarity with earlier orders of 5th pay commission and all the bills cleared by audit and accounts sections of the deptt, I requested to my DDO to not to recover the amount. But he is not agreeing with me.

Kindly help and provide suitable solution.

Regards

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4 Replies

Kanaksinh P.Boda (Educationist/Lawyer) 02 September 2011

There is no way out as opting for vi pay comes with fringes attached.

(Guest)

The ruling on admissibility of Children educational benefits for only two children is existing since long before. If payment is made for 3rd child due to ignorance of the DDO, that cannot be exempted and would be a case of overpayment, which can be recovered from the employee any time. There is no concern with the date of receipt of clarification.

Ashok (Officer) 06 September 2011

Dear Mr. Dhingra,

Please go through the hand books. During 5th pay commission the children education allowance (tuition fee) could be claimed for the only two children at any time irrespective of number of children.

In 6th pay commission the children education allowance (tuition fee) was for only two children elder ones.

Please confirm the same.

Thanks

(Guest)

Dear Ashok,

Recommendations of the CPC does not have any bearing unless agreed by the Government and is formed in the shape of rules or Government of India Orders/Instructions. However, in original order, dated 02 September 2008, as issued by the DOPT after acceptance of the 6th CPC, there was neither any mention of the word "eldest", nor mention of "any two" of the children, as you can see by opening of the link reproduced below:

https://india.gov.in/govt/studies/tuition_fee.pdf

The clarification however was issued only on 13 November 2009, where it was made clear that the CEA would be admissible to the two eldest sons. A copy of the same can also be found at the following link, if desired for your guidance:

https://www.gservants.com/wp-content/uploads/2010/05/CEA-CLARIFICATION.pdf-2.pdf