Jammu, May 18: J&K Govt issued guidelines regarding Sanctioning of Commutation of Pension.
The Order copy with Cross Town News reads "It has come to the notice of the Finance Department that, while according sanction to commutation of pension in respect of Government employees/retired Government servants, the Pension Sanctioning Authorities are not strictly adhering to the provisions governing commutation of pension under the Civil Pension (Commutation) Rules, 1960, as incorporated in Schedule-X of the J&K Civil Services Regulations, 1956.
The matter has been examined in the Finance Department and it has been considered necessary to reiterate the relevant provisions and issue the following instructions for strict compliance by all Pension Sanctioning Authorities while processing and sanctioning cases relating to commutation of pension:
i. The applicant seeking commutation of pension shall, at the time of submission of the application, furnish complete and accurate details of his/her financial position, clearly indicating the necessity for commutation and the specific advantages expected to be derived therefrom; further, the commuted value of pension shall ordinarily be utilised for bona fide and essential purposes such as construction or purchase of a residential house, liquidation of debts, education of children or dependents, meeting marriage expenses, or for starting a business enterprise, ensuring that the commutation serves as genuine and productive financial need.
ii. A Government servant against whom departmental or judicial proceedings, as referred to in Article 168-A, have been instituted prior to retirement or within one year from the date on which he/she was last on duty, whichever is later, shall not be eligible to commute any portion of pension, since the government servant in such cases is entitled only to provisional pension in terms of Article 168-D during the pendency of such proceedings.
iii. An applicant who applies for commutation of pension within one year from the date of his retirement but his application in Form-D (Digital) is received by the Pension sanctioning Authority after one year of the date of his retirement, shall not be eligible to get his/her pension commuted, without medical examination.
Such an malsl iv. applicant, if he desires to commute a fraction of his pension, shall apply afresh in Form-A (Digital) to PSA in accordance with the procedure laid down in sub-rule 5 of this rule.
An applicant who applies for commutation of pension after one year from the date of his/her retirement shall have to apply in Form-A (Digital) to PSA in accordance with the procedure laid down in sub-rule 5 of this rule.
v. If, at any stage prior to the actual payment of the commuted value, it is found that the applicant has made any statement which is false to his/her knowledge or has wilfully suppressed any material fact in response to questions (written or oral) during the medical examination process, the sanctioning authority shall have the right to cancel the sanction of commutation; further, such act of misrepresentation or suppression shall be treated as grave misconduct and dealt with accordingly under the provisions of Article 168 of the J&K Civil Service Regulations.
vi. vii. viii. ix. X. The Government shall have no liability for the payment of the commuted value of pension if the Government servant dies before the date of superannuation or forfeits claim to pension before such retirement. On receipt of an application for commutation from the Pensioner after one year, the sanctioning authority shall instruct him/her to appear before the said Medical Authority in Form-B (Digital) within 3 months from the date of the order, or if he has applied for commutation in advance in case of Retirement on Invalidation, within 3 months from that date of retirement.
This intimation shall lapse if the medical examination does not take place within the period of 3 months from the issue of letter in Form-B (Digital).
The PSA, on receipt of the application for commutation from the Pensioner in Form-A (Digital), shall instruct the pensioner to appear before the Medical Authority and shall request the Medical Authority in Form-B (Digital), to conduct the medical examination of the pensioner on an appropriate date and place within three months from the date of issue of this letter.
The Pensioner shall produce himself/herself before medical authority on the decided date and shall take the duly filled Form-C (Digital) Part I to the Medical Authority. Medical Authority shall subject the applicant to strict medical Examination, enter the results in Part II of Form-C (Digital) and shall complete the certificate in Part-III of Form C (Digital).
Subject to the certificate of fitness provided by the medical authority, the PSA may forward the application in Form A, along with a medical fitness certificate in Part-III me 18/5726 xi. of Form-C obtained from the medical authority to the Office of the Accountant General for authorisation of Commutation of Pension.
A fresh sanction of the administrative authority for the difference of the commuted value, i.e., the maximum value accrued minus the value commuted provisionally, shall be necessary.
This shall also apply to cases where the pension finally sanctioned to a retired Government servant is subsequently revised retrospectively.
xii. The UT Government employees who get themselves absorbed under Central/State xiii. Public Sector Undertakings/Autonomous Bodies shall not be entitled to any benefit under these rules as they cease to be UT Government pensioners.
The checklist annexed as Annexure-A to this circular shall be integrated into the Pension Suvidha Portal for ensuring strict compliance.
All Administrative Departments and Pension Sanctioning Authorities shall ensure strict compliance of these instructions and any deviation shall be viewed seriously."
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