Rule 66 - Pension Overpayment
Original Rule Text
66. Revision of pension after authorisation.- (1) The pension authorised under rule 44 and family pension authorised under rule 50 may be revised by the Government in accordance with any general order issued in implementation of decisions taken on the recommendations of the Central Pay Commissions, or otherwise, and the pension or family pension so revised shall thereafter be the basic pension or basic family pension for grant of additional pension under sub-rule (5) of rule 44 or additional family pension under sub-rule (3) of rule 50 or dearness relief under rule 52.
(2) Subject to the provisions of rule 7 and rule 8, pension or family pension once authorised after final assessment or revised under sub-rule (1) shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently:
Provided that no revision of pension or family pension to the disadvantage of the pensioner or family pensioner detected after a period of two years from the date of authorisation or revision of pension or family pension.
(3) The question whether the revision has become necessary on account of a clerical error or not shall be decided by the administrative Ministry or Department.
(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.
(5) Where the administrative Ministry or Department decides not to waive off the excess payment of pension or family pension, the retired Government servant concerned or family pensioner shall be served with a notice by the Head of Office requiring him to refund the excess payment of pension within a period of two months from the date of receipt of notice by him.
(6) In case the Government servant fails to comply with the notice, the Head of Office shall, by order in writing, direct that such excess payment shall be adjusted in instalments by short payments of pension in future, in one or more instalments, as the Head of Office may direct.
What This Means
Rule 66(4) of the CCS (Pension) Rules, 2021 deals with situations where a pensioner or family pensioner has been overpaid due to a revision in their pension or family pension amount. This rule is important because it outlines the process for handling these overpayments, especially when the overpayment wasn't the pensioner's fault (i.e., they didn't lie or misrepresent any facts). The rule essentially says that if an overpayment occurs due to a pension revision, the relevant administrative ministry or department must consult with the Ministry of Finance (Department of Expenditure) to determine if the recovery of the excess amount can be waived.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies when pension/family pension is revised and results in overpayment.
- 2Only applicable if the overpayment is NOT due to misrepresentation of facts by the pensioner.
- 3The administrative Ministry/Department must consult with the Ministry of Finance (Department of Expenditure).
- 4The consultation aims to determine if the recovery of the excess payment can be waived.
- 5Orders regarding recovery or waiver are issued based on relevant rules and instructions.
Practical Example
Mr. Sharma, a retired government employee, was receiving a pension of ₹25,000 per month. Due to a government-wide revision of pension rules, his pension was recalculated. However, a clerical error led to him being overpaid by ₹3,000 per month for six months, totaling ₹18,000. The error was discovered during an audit. Since Mr. Sharma did not provide any incorrect information and the overpayment was solely due to the department's mistake, the administrative department, after identifying the error, consulted with the Department of Expenditure, Ministry of Finance. After review, it was decided that recovering the ₹18,000 would cause undue hardship to Mr. Sharma, and the recovery was waived following the established guidelines.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if the overpayment was due to the pensioner providing false information?▼
Who decides whether to waive the recovery of the excess payment?▼
What factors are considered when deciding whether to waive the recovery?▼
Does this rule apply to all types of pensions?▼
Where can I find the 'relevant rules and instructions' mentioned in the rule?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 66(4) of the CCS (Pension) Rules, 2021, if an excess payment of pension occurs due to a revision and is not due to misrepresentation by the pensioner, which entity must the administrative Ministry/Department consult with?