“The pensionary/ retirement benefits of the retiring employee should not be withheld or delayed on the ground of pendency of verification of caste certificate”
Non-payment/Delay in payment of retirement benefits on account of delay in verification of caste certificate in respect of retiring employees
F.No.38/09{02)/ 2020-P&PW(A)(6721)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated: 30.11.2021
Office Memorandum
Subject: Non-payment/Delay in payment of retirement benefits on account of delay in verification of caste certificate in respect of retiring employees – Regarding
The undersigned is directed to say that instructions/ orders have been issued by Department of Personnel and Training (DoPT) from time to time for timely initiation /completion of verification of caste certificate of the employees. In spite of these instructions, completion of verification of caste certificate is inordinately delayed and, in many cases, the verification is not completed even till the retirement of the employee and pensionary/retirement benefits of such employees are not released till the completion of verification of caste certificate.
2. This issue has also been raised before the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes and the Committee has taken a serious note of the same. The Committee has directed to sensitize the concerned Ministries/ Departments/ organizations about the need for timely completion of verification of caste certificate and also for timely release of pensionary benefits to the employees in respect of whom verification of caste certificate is delayed due to administrative reasons or lapse.
3. The matter has been examined in this Department. In accordance with Rule 9 and Rule 69 of the Central Civil Services (Pension) Rules, 1972, a provisional pension may be sanctioned to an employee against whom any departmental or judicial proceedings are pending at the time of retirement. In that case, no gratuity shall be paid till the conclusion of the departmental or judicial proceedings and issue of final orders thereon. The Central Civil Services (Pension) Rules, 1972 or instructions/ guidelines issued by this Department, however, do not provide for withholding of the retirement benefits under any other circumstances, including on account of pending verification of caste status of the employee.
4. All the Ministries/Departments are, therefore, advised to ensure that the verification of caste certificate of employees is completed expeditiously and, in any case, well before the date. of their superannuation, in accordance with the instructions issued by the Department of Personnel & Training. Unless departmental or judicial proceedings are pending against a retiring employee, the pensionary/ retirement benefits of the retiring employee should not be withheld or delayed on the ground of pendency of verification of caste certificate.
5. All the Ministries/Departments are also advised to bring these instructions to the notice of the attached/ subordinate offices under their administrative control for strict compliance.
6. All the Ministries/ Departments are directed to submit a quarterly report on number of employees whose pensionary benefits has been withheld due to reason other than pending administrative or judicial proceedings and the reasons thereof.
sd/-
(Ruchir Mittal)
Director
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