Payment of leave encashment in respect of VRS-2019 optees whose Vigilance clearance is withheld – BSNL Order dated 6.5.2020
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BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi-01
Dated: 6th May, 2020
All Heads of Telecom Circles &
All Heads of Other Administrative Units,
Bharat Sanchar Nigam Limited
Subject: Payment of leave encashment in respect of VRS-2019 optees whose Vigilance clearance is withheld.
I am directed to refer to the notification of BSNL Voluntary Retirement Scheme-2019 issued vide letter No. 1-15/2019-PAT(BSNL) dated 04.11.2019 and to inform that this office has received some references with regard to withholding of amount of encashment of EL / HPL in respect of VRS-2019 optees whose Vigilance clearance is withheld.
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2. The issue of payment of leave encashment, in cases where vigilance clearance is withheld, has been examined in consultation with EF branch of BSNL Corporate Office vis-a-vis the relevant provisions of the BSNL VRS-2019 and Rule 39(3) of CCS(Leave) rules. It is clarified that the competent authority for sanctioning the amount of encashment of EL / HPL is required to examine each case individually to find out whether withheld Ex-gratia and Gratuity will be insufficient for adjustment of the amount recoverable from the retired employee on conclusion of the disciplinary proceedings pending against him and thereby requiring adjustment of remaining amount from leave encashment. In other words, only in such cases where the amount recoverable exceeds the amount of gratuity and ex-gratia withheld, withholding of leave encashment will be necessitated.
3. The authorities competent to sanction encashment of EL/HPL in respect of retired employees may, accordingly, review all cases where leave encashment has not been released on account of withholding of vigilance clearance in respect of retired employee. Such authority may also consult the concerned disciplinary authority, if need be, for ascertaining the amount likely to become recoverable from the retired employee on conclusion of disciplinary proceedings.
4. It may also be ensured that the cases for payment of pension in respect of VRS optees are sent to the concerned CCA. Further, it may also be ensured that provisional pension is paid to the retired employee(s) in accordance with the provisions of CCS (Pension) Rules, 1972 in respect of whom vigilance clearance has been withheld.
This is issued with the approval of competent authority.
[Sanjeev Kumar] Asstt. General Manager (Estt.I)
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