Blatant violation of rule position

21/02/2021

No arrear claim of Government servants and persons not in Government service which is more than two years old will be presented by the Drawing and Disbursing Officers (DDOs) before the Treasuries without the proper sanction of competent authority and prior concurrence of the Finance Department. A direction in this regard was issued after noticing blatant violation of the rule position provided in the General Financial Rules, 2017. For settling time barred claims, a detailed rule position has been provided in the General Financial Rules 2017 and every Drawing and Disbursing Officer is supposed to act strictly according to these Rules. Rule 295 states: “Any arrear claim of a Government servant which is preferred within two years of its becoming due shall be settled by the Drawing and Disbursing Officer or Account Officers as the case may be after usual checks. For the purpose of this provision, the date on which the claim is presented at the office of disbursement should be considered to be the date on which it is preferred”.
A claim of a Government servant which has been allowed to remain in abeyance for a period exceeding two years should be investigated by the Head of the Department concerned and if the Head of the Department is satisfied about the genuineness of the claim on the basis of the supporting documents and there are valid reasons for the delay in preferring the claims, the same should be paid by the Drawing and Disbursing Officer or Accounts Officer as the case may be after usual checks. As per Rule 295, a Head of the Department may delegate the powers conferred by him to the subordinate authority competent to appoint the Government servant by whom the claim is made. Rule 296 reads: “Even a time barred claim of a Government servant shall be entertained by the concerned authority provided that the concerned authority is satisfied that the claimant was
prevented from submitting his claim within the prescribed time limit on account of causes and
circumstances beyond his control”. A time barred claim shall be paid with the express sanction of the Government issued with the previous consent of the Internal Financial Wing of the Ministry or Department concerned. From time to time, the Government of Union Territory of Jammu
and Kashmir has issued directions for strict
compliance of General Financial Rules but latest circular of the Financial Commissioner Finance Department clearly indicates that Drawing and Disbursing Officers are not paying serious attention towards the same.

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