Department of Pension and Pensioners Welfare once again issued an order to clarify that there is no provision for withholding any part of gratuity at the time of retirement for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation. Even this department issued orders on 19.2.2013 about this issue, some departments, Head of offices is still recovery from retiring employees of 10% from their gratuity. The only other circumstance under which gratuity can be withheld is in case of ongoing disciplinary proceedings against the Government servant.
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare
3rd Floor, Lok Nayak Shawan,
Khan Market, New Delhi-11 0 003
Dated the 11th July, 2013.
Subject : Withholding of 10% gratuity from the retiring Government servants – clarification regarding.
The undersigned is directed to refer to this Department’s O.M. of even number dated the 19th February 2013 on the above cited subject and to say that this Department is still receiving representations from individuals and Pensioners Associations that Government Departments have been withholding 10% of the amount of gratuity from retirees even when they had not been provided any Government accommodation. This is in contravention of existing instructions.
2. The recovery and adjustment of Govt. dues from retirement gratuity is regulated under Rules 71 to 73 of the CCS (Pension) Rules, 1972. Rule (1) to (3) of Rule 72 ibid provide for recovery of actual amount of Govt. dues in respect of Govt. accommodation from pay & allowances before retirement and from Retirement Gratuity. Sub rule (5) of Rule 72 ibid stipulates that if, in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that ten per cent of gratuity may be withheld pending receipt of further information. Further, if no Government accommodation is allotted to a Government servant, in accordance with Dte of Estate’s OM No.18011/5/1990-Pol-III dated 12.10.2010, it is for the Administrative Ministry to issue an ‘NDC".
3. As regards recovery in respect of ‘Govt. dues’ other than those pertaining to Govt. accommodation, the Head of Office is required to complete assessment of such dues eight months prior to the date of retirement [Rule 73(2)]. The actual amount of such dues and the dues which come to notice subsequently and remain outstanding are to be adjusted against the amount of retirement gratuity becoming payable to the Govt. servant on retirement.
4. It is, therefore, clear that there is no provision for withholding any part of gratuity at the time of retirement for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation and the onus of timely collection of license fee is on the Directorate of Estates. If the Directorate of Estate does not specifically inform the Administrative Department of the outstanding dues and requests for withholding of 10% gratuity for the outstanding license fee, Gratuity cannot be withheld on this account. The only other circumstance under which gratuity can be withheld is in case of ongoing disciplinary proceedings against the Government servant. Thus the Pay and Accounts Officer shall not withhold any gratuity unless the Head of Office
(a) encloses instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee or
(b) Informs of ongoing disciplinary proceedings.
These instructions are for strict compliance of all Administrative Ministries / Departments.
5. A revised FORM 8 – form of letter to the Accounts Officer forwarding the pension papers of Government servant is also enclosed. Formal amendment in the CCS(Pension) Rules for revised Form 8 will be notified later.
(Tripti P. Ghosh)
Source : DOPT