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Monday, 3 July 2017

Enhanced DA after Retirement on 30th June and 31st December to be considered for Retirement Benefits

Enhanced DA after Retirement on 30th June and 31st December to be considered for Retirement Benefits

Shri. JVSR.Krishna raised an important issue in our comments forum. Considering the merits of this issue, we posted here to draw the attention of authorities concerned to take necessary action to address the grievances of similarly placed retiring government servants.

Dearness Allowance & Dearness Relief:
As per the prevailing conditions, Govt of India sanctioning DA once in 6 months i.e. 1st Jan. & 1st July. Based on consumer price index, due to raise in the inflation for the period of once in 6 months i.e. 1st Jan. to 30th June & 1st July to 31st December respectively DA being sanctioned to those Central Govt. employees and as DR to the Central Govt. Pensioners. This DA/DR is cumulatively added every month, for administrative convenience, it was being sanctioned once in 6 months. For those Central Govt. employees who were having DOB 1st of any month are being forcibly superannuated on the last working day of the preceding month. Particularly, those who were having DOB 1st Jan. & 1st July, though they have completed 6 months, sanctioned DA was not considered for calculating Retirement benefits viz. Gratuity & Leave encashment purpose.

Retired Government servants is entitled for revised rate of D.A
whether a retired Government servant is entitled for revised rate of D.A., which comes into force after such Government servant retires from service on attaining the age of superannuation.

As per the Honble. CAT judgement, DA was allowed for calculation of retirement benefits; to those retired on 30th June (DA was sanctioned next to their retirement date. The said case was appealed in Honble. High Court of A.P. the WP was dismissed, further, Govt. of India appealed as SLP in Honble. Supreme Court of India, there also it was dismissed.

Orders were issued for implementation of DA to the Central Govt. Servants, who were working in Accountant General Office, Hyderabad. The same was implemented.

Since, it is a common issue, individuals who were worked in various Departments of Central Govt. should not insisted that who ever will proceed litigation, it will be implemented. It shall be implemented across the board to all the employees to save the money & man power of Govt. of India to avoid litigations.

References: a) CAT Hyderabad Bench OA No.552 of 2003;
b) High Court , Andhra Pradesh WRIT PETITION NO.26506 OF 2012 dt.11/9/2012
c) Supreme Court SLP No.16237/2013 dt.27.10.2014
d) Through Lr No.PAG(G&SSA)/Legal Cell/RTI/F.No.118/2016-17/D.No.45 dt.02/11/2016 intimated that
Supreme Court order was implemented for payment of Retirement Gratuity & cash equivalent to leave salary.
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