Flouting Government Order on Date of Restoration of Commuted Pension
6 months ago
I am pensioner, commuted for the first time after fixation of revised basic pension on the basis of W.B. Govt Memo No. 209-EDN CS/IP20-1998 (Pt II). Memo states: "Pensioners who want to commute for the first time after coming into Revised Pay Structure w.e.f 1.1.20 shall also be eligible to commute a part of the Revised Basic Pension subject to a maximum of 40%. In their case Commutation value expressed as number of years of purchase for the age as on next birthday on or after 1.1.20 shall be taken into account. Such a commuted amount shall be restored after 15 years from the date of retirement . So, commuted amount of pension should be restored after 15 years from the date of retirement ( from 01/09/2031). But now, it is seen in my pension slips, that The restoration of my commuted pension would be done after 15 years from the date of payment of Commuted Value of Pension (24/06/2038). Can the Pension Sanctioning authority flout the Government Order?
e-Pension” portal is an employee-centric workflow-based strategic administrative reform initiative of the Directorate of Pension, Provident Fund and Group Insurance, Finance Department, Govt. of West Bengal to provide end-to-end solutions to matters related to the settlement of Pension and other retirement benefits to the employees of Institution receiving Grants from the State Government. So, observing in anomaly or discrepancy in the date of restoration of commuted pension which appears to be contrary to the Govt. Notification, you can seek clarification on the point by filing an online complaint on the e-pension portal introduced by the Govt. of West Bengal. You can also take the recourse under RTI Act to access the clarifications in the matter by simply sending an application by registered post under Sec.6(1) of the RTI Act, 2005 attaching therewith a Court Fees of Rs.10/- towards the application fee to the concerned State Public Information Officer(SPIO) of the Directorate of Pension, Provident Fund and Group Insurance, Finance Department, Govt. of West Bengal. Hope following the above steps, your grievance may be resolved.
In India, government orders and notifications related to pension and commutation of pension are legally binding. If there is a specific government order, like the one you mentioned, it should be followed by the pension sanctioning authority.
If the memo states that the commuted amount of pension should be restored after 15 years from the date of retirement, it should be implemented accordingly. If the pension sanctioning authority is proposing a different date for the restoration of the commuted pension, and it contradicts the government order, it may be a case of not following the established rules.
Start by reaching out to the pension sanctioning authority that has provided you with the incorrect date of restoration. Seek clarification on why they have deviated from the government order. Share copies of the relevant government orders and notifications with the pension sanctioning authority to demonstrate the proper procedure as per the law. If the pension sanctioning authority does not rectify the situation or does not provide a satisfactory response, you may need to escalate the matter within the department or agency responsible for pension matters.
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