Whether Government dues written off after retirement can be recovered from pay during subsequent re?employment.

5) Whether Government dues written off after retirement can be recovered from pay during subsequent reemployment. - 1. A question has been raised whether the expression "any sums which are subsequently found due" occurring in Ministry of Finance's O.M. No. 18(9)-E-II(A)/59 dated 14th May 1960 (See Decision 4 above) cover only the dues relating to the period when the person concerned was originally in Government service or also covers any dues which may accrue to him as a result of his subsequent re-employment under Government ; in other words, whether an amount of overpayment made to a Government servant and written off on the ground that the person concerned is no longer in Government service, can be recovered from him by adjustment of the pay and allowances earned by him in the course of his re-employment under Government. It has been decided that in cases where the amount of over-payment is written off merely because the person concerned is no longer in Government service and not on any other ground, as for example, that its recovery would cause hardship to the individual concerned, the dues which may accrue to him during the period of his re-employment under Government may be adjusted against the amount written off. 2. In the terms of re-employment of a retired Government servant, a condition should invariably be inserted to the effect that any amount of overpayment pertaining to the pre-retirement period including the amount written off on the ground that he was no longer in Government service would be recoverable by adjustment of the pay and allowances admissible to him during the period of re-employment. 3. It will be the duty of the office re-employing a retired Government servant to make an enquiry from the office where he was formerly employed whether any amount is recoverable in terms of paragraph 1 above. Such an enquiry will have to be made immediately after a person is re-employed. The final payment of the re-employed person on the termination of his re-employment should not be made unless the re-employing office has ensured that no amounts are adjustable in terms of paragraph 1 above. [G.I., M.F., O.M. No. 18 (9)-E. II (A)/59, dated the 21st November, 1960.]