This Office Memorandum clarifies the admissibility of increases in Dearness Allowance (DA) or Adhoc Relief Allowance (ADA), sanctioned retrospectively, to government servants who have already received leave salary in a lump sum as a one-time settlement. It states that if a DA/ADA increase is ordered after the final settlement but with retrospective effect, it should not be denied to the employee. Any difference in leave salary due to the increased rates will be paid, even if a one-time settlement has already been made. The memorandum is addressed to various ministries, departments, and authorities of the Government of India.
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No. P.14028/11/81 – 1st (L)
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Department of Personnel and Administrative Deforms
New Delhi, the 8-3-82
COVILS ASSOCIATION
Sub:- Cash equivalent of leave salary payment to be made in one lump sum as a one time settlement is not included in the tax increase in BA/ADA ordered with retrospective effect.
The undersigned is directed to refer to rule 39, 39A and 39B of the OSS (Leave) Rules, 1982 wherein it has been provided that the cash equivalent of leave salary which becomes payable on retirement at the time of finally quitting the service is to be paid in one lump sum as one time settlement.
A number of references have been received in this Department seeking clarification as to whether any increase in BA/ADA sanctioned by the Govt. with retrospective effect will also be admissible to those Govt. servants, who have already been paid leave salary in one lump sum as a one time settlement. The words “payable in one lump sum as one time settlement” occur in the Rules should be noted not to be taken in mind that if any increase in Decrease Allowance/Instalment of ADA is allowed after the final settlement, but with retrospective effect, it should be denied to the employee who is in service on the date from which such increase was made applicable. It is hereby clarified that if any increase in BA/ADA is sanctioned by the Govt. with retrospective effect, the Govt. servant concerned was eligible for the sale on the date of his retirement/quitting service than the difference between the leave salary already paid and the salary payable according to the new rates will be admissible to the Govt. servant concerned, notwithstanding the fact that one time settlement had already been made, due to the date of issue of orders reg. increase in BA/ADA etc.
(AN. Sawhney)
U. Secretary to the Govt. of India
All Ministries/laith of the Govt. of India etc. etc.
Copy also forward to
As per list attached.
- Comptroller and Auditor General of India and all Offices under this control.
- C.C.A.
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Controller of Accounts, Ministry of Finance.
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Union Public Service Commission, Supreme Court, Election Commission, Lok Sabha Secretariat, Rajya Sabha Secretariat, Cabinet Secretariat, Central Vigilance Commission, President’s Secretariat, Vice-President’s Secretariat, Prime Minister’s Office, Planning Commission, Finance Commission.
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Addl. Secretary (Union Territories), Ministry of Home Affairs.
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A.I.S. Division, Department of Personnel & A.R.
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J.C.A. Section, Department of Personnel & A.R.
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Shri D.D. Bhagya, Senior Personnel & Executive Officer, Lok Sabha Secretariat.
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All State Governments and Union Territories.
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Governors of all States/St. Governors of Union Territories.
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Commissioner, Municipal Corporation of Delhi.
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Secretary, National Council (Staff Sldd), 9 Ashok Road.
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All members of Staff Sldd of the National Council of J.C.A.
(A.S/Sauhnay)
Under Secretary to the Govt. of India.