Model representation against recovery in Department of Posts
The Postal Accounts' proposed action against my pay fixation after serving the punishment and completing the 10-year period, and ordering recovery, contradicts several Government orders.
Contravention of Government Orders
1. DOP & PW OM No. 11(15)/2022-P&PW(H)-8363(1) dated 28.10.2022 states that pension cases should commence one year before retirement. As I'm due for retirement on 31.3.2023, raising objections to my pay fixation now goes against this order.
1. Verification Period: The same order specifies that the Head of Office should verify emoluments only for the 24 months preceding retirement, not prior. Questioning the 2012 fixation is irregular and contradicts Govt. of India orders.
1. Certificate Requirement: At least eight months before retirement, the HOD should provide a certificate regarding qualifying service and emoluments. Since I haven't received this, the process is incomplete.
1. DOPT OM No. 18/03/2015 – Estt (Pay I) dated 3.10.2022 cites Supreme Court judgments, stating excess payments should be waived, not recovered. Audits should be done within three months, prioritizing employees retiring within four years.
1. Recovery Restrictions: No recovery should be made from employees retiring within one year or when excess payments are five years old. My case, being 10 years old, doesn't warrant recovery.
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