In a significant move, the Jammu and Kashmir Government has ordered the recovery of illegitimate monetary benefits amounting to around Rs 38 lakh from the provisional pension of a former Special Secretary in the Home Department.
According to the government order dated 10.05.2024, “Any illegitimate monetary benefits amounting to Rs. 37,97,583 received by the officer during the period of overstay in Govt. Services, shall be deducted/recovered from the Provisional Pension/Arrears on account of Provisional Pension accrued to the retired officer, in a lump sum as a one-time settlement.”
The order further states that the Jammu and Kashmir Government has granted provisional pension to Ex-Special Secretary Ghulam Mohi-ud-Din Ganie, who retired on superannuation on 31.03.2019 from the post of Special Secretary in the Home Department. However, the provisional pension has been granted subject to the condition that the Gratuity and Leave Salary admissible to the retired officer shall remain withheld until the conclusion of Judicial/Departmental proceedings and the passing of final orders.
This decision comes in accordance with Article 168-D of the Jammu & Kashmir Civil Services Regulations, 1956, and is based on the Central Administrative Tribunal, Jammu Bench’s directive in OA No. 1059/2021, titled “Ghulam Mohi-ud-Din Ganie vs Department of Law, Justice & Parliamentary Affairs and others.”
The government’s move to recover illegitimate monetary benefits from the ex-special secretary’s provisional pension is a testament to its commitment to upholding transparency and accountability in the system. It sends a strong message that any irregularities or misuse of public funds will not be tolerated, regardless of an individual’s position or rank.
At the same time, the decision to grant provisional pension to the retired officer underscores the government’s responsibility towards ensuring the welfare of its retired employees, while adhering to due legal processes. This significant order highlights the J&K Government’s resolve to strike a balance between safeguarding public interests and protecting the rights of its retired personnel, setting a precedent for future cases involving allegations of misconduct or irregularities.
