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Office of the Accountant General cannot recover / adjust the amount of negative balance from the retiral dues of retired Government servant after a period of six months from the date of retirement by adjustment, for that, the Government has to follow the legal procedure of approaching civil court.

The Office of the Accountant General plays a crucial role in handling the financial matters of government servants, including their retiral benefits. However, certain limitations exist when it comes to the recovery or adjustment of dues from a retired government servant’s retiral benefits. One of the key limitations is the timeframe within which such recoveries can be made.


According to established rules, the Accountant General’s Office is allowed to recover or adjust any negative balance from a government servant's retiral dues only within six months from the date of retirement. Negative balances may arise due to overpayments, unadjusted advances, or other financial discrepancies that occurred during the individual's service period. The government can make these recoveries directly by deducting the amount from the employee’s final settlement of retirement benefits, which may include gratuity, pension, and other entitlements.


However, if the government fails to recover the negative balance within this six-month period, the situation changes significantly. After the six-month window has passed, the government no longer has the authority to make adjustments to the retiral dues directly. In such cases, the government must resort to legal proceedings to recover the amount owed. This legal recourse typically involves filing a case in a civil court.


The reason for this restriction lies in the legal protection granted to retiral benefits. Retirement benefits, such as pensions and gratuity, are considered a form of deferred payment for the employee's long years of service. These benefits are meant to ensure financial security for the retiree after leaving government service. Therefore, these funds are generally protected from arbitrary deductions once the stipulated recovery period expires. This protection ensures that retired individuals receive their rightful dues without prolonged uncertainty or unexpected reductions.


In cases where the government fails to act within the six-month period, they must initiate a civil suit, where the burden of proof lies with the government. The government must present evidence to substantiate the claim for recovery, such as documentation showing overpayment or unpaid advances. The court will then evaluate the legitimacy of the claim and may issue a ruling for recovery based on the merits of the case.


It is important to note that the legal process can be time-consuming and costly, which is why the government typically seeks to recover dues within the six-month adjustment period. However, the courts provide an essential safeguard for retired government employees, ensuring that any deductions made from their retirement benefits after this period are legally justified and not imposed arbitrarily.


In summary, the Office of the Accountant General is permitted to adjust or recover negative balances from a retired government servant’s dues within six months of retirement. Beyond this timeframe, the government must follow the legal procedure of filing a case in a civil court for recovery. This ensures that retiral benefits remain protected and deductions are only made through proper legal channels, safeguarding the rights of retired

 employees.



WPS No. 2617 of 2013

Dharmu Ram Mandavi, S/o Late Shri Barsan Ram Mandavi, Aged about 66 years, R/o Village Piparkhar, PS & Tehsil Ambagarh Chowki, District rajnandgaon, Chhattisgarh.

Versus

1. State of Chhattisgarh, Through the Secretary, Tribal Welfare Department,

Mantralaya, Naya Raipur, PS & Tehsil & District Raipur, Chhattisgarh.

2. The Assistant Commissioner, Tribal Welfare Department, Rajnandgaon,

P.S. & Tehsil & District Rajnandgaon, Chhattisgarh.

3. The Accountant General, Office of Accountant General, Pagaria

Complex, Pandri, P.S. & Tehsil & District Raipur, Chhattisgarh.

4. The Senior Accounts Officer, Office of Accountant General (Accounts),

Pagaria Complex, Pandri, P.S. & Tehsil & District Raipur, Chhattisgarh.

5. State Level High Power Retiral Dues Committee, Through its Chairman,

General Administration Department, Mantralaya, Naya Raipur, P.S. &

Tehsil & District Raipur, Chhattisgarh.

See Judgement

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