Rule 289 — GFR 2017
Original Rule Text
Rule 289
Retrospective claim due from date of
sanction. In the case of sanction
accorded with retrospective effect the
charge does not become due before it is
sanctioned. In such cases the time-limit
specified in Rule296 (1) should be
reckoned from the date of sanction and
not from the date on which the sanction
takes effect.
Rule 289 to Rule 296 shall apply mutatis
mutandis to arrear claims preferred
against Government by persons not in
Government service.
What This Means
This rule clarifies how to handle financial claims when an approval (called a "sanction") is given today but is made effective from a past date. For instance, if a new allowance is approved on January 1st, 2024, but it's stated to be applicable from April 1st, 2023, this is a retrospective sanction.
Even though the allowance is effective from April 1st, 2023, the government's actual financial responsibility to pay that allowance (the "charge") only begins on January 1st, 2024, the day the sanction was officially issued. This is crucial because the time limit for an officer to submit a claim for these arrears starts counting from the date the sanction was issued (January 1st, 2024), not from the earlier date it became effective (April 1st, 2023).
Furthermore, this principle isn't just for government employees. If a person who is not a government employee has an outstanding claim for past dues (arrears) against the government, the same rules apply regarding when their claim becomes due and when the time limit for them to make that claim begins.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1When a financial approval (sanction) is granted with a past effective date, it's called a retrospective sanction.
- 2The government's financial obligation for such a sanction begins on the date the sanction is actually issued, not the earlier date it takes effect.
- 3The deadline for submitting a claim for payments arising from a retrospective sanction starts counting from the date the sanction was issued.
- 4This rule applies to claims made by government officers for their dues.
- 5It also applies to claims for past dues (arrears) made by individuals or entities not in government service against the government.
Practical Example
Imagine the Ministry of Finance issues an order on March 15th, 2024, sanctioning a revised Dearness Allowance (DA) for all central government employees. The order explicitly states that this revised DA is effective from July 1st, 2023.
Mr. Anil Kumar, an Under Secretary, will be due arrears for the period from July 1st, 2023, to February 29th, 2024, based on this revised DA. According to Rule 289, even though the revised DA is effective from July 1st, 2023, the government's financial obligation to pay Mr. Kumar these arrears only became "due" on March 15th, 2024, the date the sanction was issued. Therefore, the time limit for Mr. Kumar to submit his claim for these arrears will start counting from March 15th, 2024, not from July 1st, 2023. This ensures that officers have a fair window to claim after the official approval is known.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.