• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Home
  • DOPT ORDERS 2020
  • FinMin Orders 2020
  • Railway Orders 2020
  • Contact Us

7th Pay Commission Latest news

Central Government Employees News

  • DOPPW Orders
  • 7th Pay Commission
  • Dearness Allowance
  • Dearness Relief
  • CSD Price List
  • Defence
    • Defence Pension
You are here: Home / DOPT Orders / Grant of annual increment to the employees retires on 30th June of the year – DOPT

Trending
Central Government Holidays for the year 2021 – DOPT “hot”
Holidays List 2021 for Central Government Employees “hot”
AICPIN for the month of October 2020 “hot”
Freezing of Dearness Allowance & Dearness Relief till July 2021
Guidelines for Home Isolation of very mild/pre-symptomatic COVID-19 cases.

Grant of annual increment to the employees retires on 30th June of the year – DOPT

June 4, 2020 pcadmin 1 Comment

Grant of annual increment to the employees retires on 30th June of the year

No. 1396752/2019-Estt (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 11 November, 2019

OFFICE MEMORANDUM

Subject : Representations regarding grant of annual increment to the employees retires on 30th June of the year -regarding

The undersigned is directed to refer to letter No. PC VI /2018/R-] /1 of Ministry of Railways dated 14/ 10/2019 on the subject cited above wherein comments of this Department has been sought on the directions of Hon’ble CATs issued in several Court cases filed by Railways employees Seeking the benefits of notional increment for the Pensionary benefits as per the judgment in P.Ayyamperumal case.

2. In this matter, With reference to Central Government employees, the following is hereby Stated:

2.1. In so far as P. Ayyamperumal case is concerned, referred in the instant cases also, it is Stated that the judgment Hon’ble High Court of Madras in Pp. Ayyamperumal case is in Personam.

2.2 Further, the case of Sh. M Balasubramaniam referred by Hon’ble High Court in it’s Judgment in P,. Ayyamperumal case is related to Fundamental Rules of Tamilnadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

2.3 It is relevant to mention here that in a similar Matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, inc. Subbarao case, has inter-alia observed as under:

“In Support of the above observations, the Division Bench also placed reliance on Banerjee case (Supra), we are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished Past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement, We have already made reference to all Rules governing the situation: There is no warrant to come to such conclusion, Increment is given (See Article 43 of CS Regulations) as a Periodical rise to a Government employee for the good behavior in the Service. Such increment is Possible only when the appointment is “Progressive Appointment” and it is not universal ryle. Further, as per Rule 14 of the Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of Consolidated Fund of India and continues to be in Government Service. A Person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article ] Sl of CS Regulations) because he would not answer the tests in these Rules. Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because as observed by us, Banerjee case (supra) does not woe deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly, overrule the judgment in Malakondalah case (Supra).”

2.4 In addition, Sudsequent to the judgment of Hon’ble High Court of Madras in P, Ayyamperumal case, Hon’ble CAT Madras Bench vide its Orders dated 19.03.2019 in O.A.No.310/00309/2019 and O.A, No.310/00312/2019 and Order dated 27.03.2010 in O.A, No.310/00026 /2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

2.5 The Hon’ble Supreme Court, vide judgment dated 29.03.2019 while dismissing the SLPp (C) Dy. No.6468/2019 filed by D/o Telecommunications against the judgment dated 03.05.2017 of Homble High Court, Lucknow Bench in WP No.484/2010 in the matter of UOI & Ors. Vs. Sakha Ram Tripathy & Ors., has inter-alia observed the following:

“There is delay of 566 days in filing the special leave petition. We do not see any reason to condone the delay. The Special leave petition is dismissed.on “. delay, keeping all the questions of law open.”

3. Further, it is also stated that this Department’s OM No. 20036 /23/1988-Estt.(D) dated 06.01.1989 provides that since each case is to be contested on the basis of the specific facts and circumstances relevant to it, the administrative Ministry/Department (D/o- Ministry of Railways in the instant case} will be in a better position to defend the case if required. If, however, any Clarification is required on the interpretation application of the rules or instructions relevant to the case, the concerned department in the Ministry of Personnel, Public Grievances and Pensions may be approached for that Purpose. It further provides that the primary responsibility, however, for contesting such cases on behalf of the Government will be that of the administrative Ministry /Department concerned. Further, the Cabinet Secretariat D.O. letter No. 6 /1/1/94-Cab dated 25.02.1994 as also the Cabinet Secretary’s D.O. letter no. 1/50/3/2016-Cab dated 16.06.2016 and the Department of Expenditure’s OM No. 7(8)/2012-E-III(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the Union of India by the concerned administrative Department / Ministry where the petitioner is serving or has last served and (ii) a unified stand should be adopted instead of bringing out each Department’s /Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.

4. Ministry of Railways is requested to take appropriate action in the light of above observations.

(Rajeev Bahree)
Under Secretary to the Government of India

Signed Copy

Filed Under: Central Government Employees, DOPT Orders

Also Read

Compensation of Rs.10 lakhs to all categories of GDS to cover death due to Covid-19 : DoP

Compensation of Rs.10 lakhs to all categories of GDS to cover death due to Covid-19 : DoP

January 11, 2021 By pcadmin Leave a Comment

Compensation of Rs.10 lakhs to all categories of GDS to cover death due to Covid-19 : DoP No. 17-20/2020-GDS Government of India Ministry of Communications Department of Posts (GDS Section) Dak Bhawan, Sansad Marg New Delhi-110001 Date – 08.01.2021 To All Chief Postmasters General Subject … [Read More...] about Compensation of Rs.10 lakhs to all categories of GDS to cover death due to Covid-19 : DoP

Request to reconsider the decision of Freezing DA /DR – Letter to Prime Minister

January 11, 2021 By pcadmin Leave a Comment

Request to reconsider the decision of Freezing DA /DR - Letter to Prime Minister Binoy Viswam Member of Parliament (Rajya Sabha) 116, North Avenue New Delhi – 110 001 Mob: 96057667022 E-mail: [email protected] To Shri Narendra Modi Prime Minister Government of India, New Delhi. … [Read More...] about Request to reconsider the decision of Freezing DA /DR – Letter to Prime Minister

Scheme for payment of pension through e-pension system—Submission of Life Certificate-extension thereof

Submission of Life Certificate-extension – Haryana Govt

January 7, 2021 By pcadmin Leave a Comment

Submission of Life Certificate-extension - Haryana Govt From Additional Chief Secretary to Government Haryana, Finance Department. To 1. All Heads of Departments, Commissioners of Divisions in Haryana. 2. All the Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana. 3. The … [Read More...] about Submission of Life Certificate-extension – Haryana Govt

COVID-19 Vaccine Rollout

COVID-19 Vaccine Rollout

January 7, 2021 By pcadmin Leave a Comment

COVID-19 Vaccine Rollout Dr Harsh Vardhan interacts with Health Ministers of States/UTs to review preparedness and seek their personal leadership in glitch-free Dry Run of 8th Jan IInd nationwide Dry Run to be held in 736 districts across 33 States/UTs tomorrow Dr. Harsh Vardhan requests … [Read More...] about COVID-19 Vaccine Rollout

Revision of interest rates for National (Small) Savings Schemes w.e.f. 01.01.2021

Revision of interest rates for National (Small) Savings Schemes w.e.f. 01.01.2021

January 6, 2021 By pcadmin Leave a Comment

Revision of interest rates for National (Small) Savings Schemes w.e.f. 01.01.2021 SB Order No. 38/2020 e.F.No 113-03/2017-SB(Pt.1) Govt. of India Ministry of Communications Department of Posts (FS Division) Dak Bhawan, New Delhi-110001 Dated: 31.12.2020 To, All Head of … [Read More...] about Revision of interest rates for National (Small) Savings Schemes w.e.f. 01.01.2021

Reader Interactions

Comments

  1. N. Venkataramani says

    June 4, 2020 at 5:14 PM

    My date of birth:01st July 1958.
    I attain 60 year of age on:01st of 2018,
    For shaving 1-month salary, GOI has emoluated superannuation, 1 – DAY earlier for me, i.e.,:On 30th of June 2018!
    For no-fault – of me, I’m denied my last- year- of services’ *INCREMENT!
    Is this justiable?
    By and by=
    What’s there ‘PERSONAM’, in commonly-coded-civil service rules&benefits?
    Why do GOV. opposing exemptious=increment mandate of HIGHEST_JUDICIARY?

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

All About Pension

All about Pension

Latest DOPT Orders

Disclosure of scores and rankings of the candidates in the recruitment examination – DOPT

Adherence to Guidelines issued by DoPT regarding grant of sanction for prosecution

Calculation of monthly contribution towards cost of Pension payable during foreign service – DOPT

Regularisation of qualified workers appointed against sanctioned posts – Facts/ clarification

Regulating attendance of Central Government employees in offices with staggered timings – DOPT

Latest Finmin Orders

Reimbursement of Travelling Allowance admissible under Daily Allowance : FINMIN

Regulation of Remuneration in case of Contract Appointment of Retired Central Government Employees – FINMIN

Transport Allowance during Nation-wide Lockdown : FinMin

CGEGIS 1980 – Tables of Benefits for the savings fund for the period from 01.10.2020 to 31.12.2020

Clarification regarding queries being received in respect of Special Cash Package equivalent in lieu of LTC – FAQ No.3

Latest Railway Orders

Holidays to be observed in Central Government Offices during the year 2021: Railway Board Order

Grant of disability pension, comprising service element and disability element to pre-2006 disability pensioners

Re-classification of cities for the purpose HRA to Railway Employees

33% of Railways Officers and staff attend office with staggered timings

Provision of laptop to Gazetted Officers in Indian Railways.

Categories

Copyright © 2021