Recovery of excess payment made to pensioners should be dealt with in accordance with Rule 66 (4) of the CCS (Pension) Rules 2021
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE
CPAO/IT & Tech/Clarification/13 Vol. III A/7380/2022-23 /03
Subject: Recovery of excess payment made to pensioners
Attention is invited to the Reserve Bank of India’s circular dated 21st January, 2021 regarding withdrawal of circulars on Recovery of excess pension made to pensioners. The RBI decided that the following circulars issued by the Department of Government and Bank Accounts, Reserve Bank of India related to recovery of excess pension made by agency banks stands withdrawn from effect from the date of the circular-
- Circular No. DGBA.GAD.No. 2960/45.01.001/2015-16 dated March 17th, 2016
- Circular No. CO.DGBA (NBS) No. 44/GA.64 (11-CVL) 90/91 dated April 18, 1991
- Circular No. CO. DGBA (NBS) No. 50/GA. 64 (11-CVL) 90/91 dated May 6, 1991
It was further stated that agency banks will seek guidance from respective Pension sanctioning Authorities regarding the process to be followed for recovery of excess pension paid to the pensioners, if any.
The Department of Pension and Pensioners’ Welfare has clarified (copy enclosed) that the question of recovery or waiver of recovery of any excess payment on account of an error in initial authorization or revision of pension by the office is to be dealt with in accordance with rule 66 (4) of the CCS (Pension) rules 2021.
This issues with the approval of the Chief Controller (Pensions).
(Dy. Controller of Accounts)
All the Heads of CPPCs of all the Authorized Banks
All the Heads of GBDs of Authorized Banks
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, lok Nayak Bhawan
Khan Market, New Delhi-110 003
Central Pension Accounting Office
Ministry of Finance, Department of Expenditure
Trikoot-II, Bhikaji Cama Place,
Rama Krishna Puram, New Delhi- 110066
विषय :- Recovery of excess payment made to pensioners.
I am directed to refer to your letter No. CPAO/IT&Tech/Clarification (Recovery)/13 Vol-III(A)/7380/173 dated 23.12.2021 on the above cited subject and to say that this Department has, on 20.12.2021, notified the CCS (Pension) Rules 2021 in supersession of CCS (Pension) Rules 1972. As per rule 66(4) of the said CCS (Pension) Rules 2021:
(4) If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.
2. Thus, the question of recovery or waiver of recovery of any excess payment on account of an error in initial authorization or revision of pension by the office is to be dealt with in accordance with rule 66(4) of the said CCS (Pension) Rules 2021, which is in the spirit of the Apex Court’s judgement in Rafiqe Masih’s case and DoPT’s OM dated 2.3.2016. Therefore, there does not seem to be a need for issuing further instructions in regard to dealing with excess payment to pensioners on account of an error on the part of the office.
3. Therefore, CGA/CPAO may take a decision in this regard in consultation with Department of Expenditure/Financial Services, if necessary.
(आर. सी. सेठी)
अवर सचिव, भारत सरकार
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