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Friday, 21 September 2018

IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS IN THE HIGH COURT OF JUDICATURE AT MADRAS


IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2017
CORAM
THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.P.No.15732 of 2017
P.Ayyamperumal …
Petitioner
-vs-
1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
High Court Complex,
Chennai-600 105.

2.Union of Indirep.by
the Chairman, CBEC,
North Block,
New Delhi-110 001.

3.Union of India rep.by
Department of Personnel & Training
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
"D" Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.
.. Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917/2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benefits including the pensionary benefits.

For Petitioner :: Mr.P.Ayyamperumal,
Petitioner-in-Person
For Respondents :: Mr.K.Mohanamurali,

ORDER

(Order of the Court was made by
HULUVADI G.RAMESH, J.)

This writ petition has been filed to quash the order passed by the first respondent-Tribunal in O.A./310/00917/2015 dated 21.03.2017 and to consequently direct the fourth respondent to treat the retirement date of the petitioner as 01.07.2013 and grant him all the consequential benefits including the pensionary benefits.

2.The case of the petitioner is that he joined the Indian Revenue Service in Customs and Excise Department in the year 1982 and retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and by order dated 21.03.2017, the Tribunal rejected the claim of the petitioner by taking a view that an incumbent is only entitled to increment on 1st July if he continued in service on that day. Since the petitioner was no longer in service on 1st July 2013, he was denied the relief. Challenging the order passed by the Tribunal, the present writ petition is filed.

3.The petitioner, appearing as party-in-person, has referred to the judgment passed by this Court in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v.M.Balasubramaniam, reported in CDJ 2012 MHC 6525, wherein the appeal filed by the State challenging the order passed in the writ petition entitling the employee who was similarly placed like that of the petitioner, the benefit of increment on the ground that he has completed one full year of service from 01.04.2002 to 31.03.2003, was rejected. Referring to that judgment, the petitioner has submitted that the said benefit has to be extended to him. He further submitted that even though the above decision squarely covers his case, no mention has been made by the Central Administrative Tribunal as to how that decision is not applicable to him. With regard to the said issue, the petitioner has also referred to the order passed by the Government of Tamil Nadu in G.O.Ms.No.311, Finance (CMPC) Department, dated 31.12.2014, and submitted that in the said G.O., it has been mentioned that the Pay Grievance Redressal Cell has recommended that when the date of increment of a Government servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of notional increment purely for the purpose of pensionary benefits and not for any other purpose. Stating so, the petitioner prayed for allowing this writ petition.

4.Heard the learned Senior Panel Counsel appearing for the respondents 2 to 4 on the submissions made by the petitioner and perused the materials available on record.

5.The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay)
Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence,
the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.

6.In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.

7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.

Index : Yes/No
Internet : Yes/No

(H.G.R.,J.) (T.K.R.,J.)

15.09.2017

KM

To

1.The Registrar,
Central Administrative Tribunal,
Madras Bench, High Court Complex,
Chennai-600 105.

2.The Chairman, CBEC,
Union of India,
North Block,
New Delhi-110 001.

3.Department of Personnel & Training,
Union of India,
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
"D" Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.

Download Order

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MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)
PC-VII No.119
File No.PC-VII/2016/I/6/2
RBE No.142/2018
New Delhi, dated 20.09.2018
The General
Managers/CAOs(R),
All Indian Railways & Production Units,

(As per mailing list)

Sub: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of RS(RP) Rules, 2016 - regarding.

Please refer to Board’s letter of even no. dated 31.07-2017 forwarding therewith a copy of Ministry of Personnel, Public Grievances and pensions, Department of Personnel & Training's (MoPPG&P/DoPT)0M No.13/02/2017-Estt.(Pay) I dated 27.07.2017 regarding guidelines on availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower and method of fixation of pay from DNI, if opted for, in context of CCS(RP) Rules, 2016 for adoption of the same in Railways with respect to RS(RP) Rules, 2016.

2. Now Ministry of personnel, Public Grievances and Pensions, Department of personnel & Training vide their 0M No.13/02/2017-Estt.(Pay-I) dated 28.08.2018 has clarified various aspects of their earlier 0M. The clarifications issued by DoP&T shall be applicable mutatis mutandis in Railways with respect to RS(RP) Rules, 2016.

3. The 'one month' period mentioned in the aforesaid 0M of DoP&T dated 28.08.2018 under clarification to point of doubt at Sl No.2 shall be month from the date of issue of these instructions.
sd/-
(Jaya Kumar G)
Deputy Director, Pay Commission- VII
Railway Board
MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

Source: http://www.indianrailways.gov.in/
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Revision of interest rates for small savings schemes

Revision of interest rates for small savings schemes

F.No.01/04/2016-NS
Government of India
Ministry Of Finance
Department of Economic Affairs
(Budget Division)
North Block, New Delhi
Dated: 19.09.2018
Subject: Revision of interest rates for small savings schemes.

The undersigned is directed to refer to this Department's OM of even number dated 16th February, 2016 vide which the various decisions taken by the Government Regarding interest fixation for small savings schemes were communicated to all concerned.

2. On the basis of the decision of the Government, interest rates for small savings schemes are to be notified on quarterly basis. Accordingly, the rates of interest on various small savings schemes for the third quarter of financial year 2018-19 starting 1st October, 2018 and ending on 31st December, 2018, on the basis of the interest compounding/payment built-in the schemes, shall be as under:-

InstrumentRate of interest w.r.f 01.07.2018 to 30.09.2018Rate of interest w.r.t 01.10.2018 to 31.12.2018Compounding
frequency*
Savings Deposit4.04.0Annually
1 Year Time Deposit6.66.9Quarterly
2 Year Time Deposit6.77.0Quarterly
3 Year Time Deposit6.97.2Quarterly
5 Year Time Deposit7.47.8Quarterly
5 Year Recurring Deposit6.97.3Quarterly
5 Year Senior Citizen Savings Scheme8.38.7Quarterly and paid
5 Year Monthly Income Account7.37.7Monthly and Paid
5 Year National Savings certificate7.68.0Annually
Public provident Fund Scheme7.68.0Annually
Kisan Vikaspatra7.3 (will mature in 118 months)7.7 (will mature in 112 months)Annually
Sukanya Samriddhi Account Scheme8.18.5Annually
*No change

3. This has the approval of Finance Minister.
(Padam singh)
Sr.Regional Director(NS)
Tele: 01123095155
Source: Dea.gov.in
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Availability of option for fixation of pay on MACPS from the date of next increment in the lower post

Availability of option for fixation of pay on MACPS from the date of next increment in the lower post
No. 35034/1/201 7-Estt.D
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 20.09.2018
OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on MACPs from the date of next increment (DNl) in the lower post and method of "fixation of pay from DNI, if opted for, in context of CCS (RP) Rules. 2016, regarding.

The undersigned is directed to refer to this Department’s OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017 and its further clarification vide OM No. 13/02/2017-Estt.(Pay-I) dated 28.08.2018 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS(RP) Rules, 2016.
2. A number of references have been received from various quarter including Secretary, Staff Side as to whether the aforesaid OMs 13/02/2017-Estt.(Pay-I) dated 27.07.2017 and 28.08.2018 will be applicable in the ease of MACP also or otherwise. The matter has been examined in consultation with D/o Expenditure and it has been decided that. the aforesaid OMs dated 27.07.2017 and 28.08.2018 will be applicable in the cases of pay fixation after grant of MACP also.
G. Jayanthi
Joint Secretary (E-1)
Availability of option for fixation of pay on MACPS from the date of next increment in the lower post

Source: DoPT
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DoPT: Central Civil Services (Leave Travel Concession - LTC) Rules, 1988 - Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar - extension beyond 25.09.2018.


DoPT: Central Civil Services (Leave Travel Concession - LTC) Rules, 1988 - Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar - extension beyond 25.09.2018.

No.31011/3/2018-Estt.(A-IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North Block, New Delhi-110 001
Dated: September 20, 2018
Office Memorandum

Subject:- Central Civil Services (Leave Travel Concession - LTC) Rules, 1988 - Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar - extension beyond 25.09.2018.

The undersigned is directed to refer to this Department's O.M. No.31011/3/2014 - Estt.A-IV dated 19.09.2016 on the subject noted above and to say that in relaxation to CCS (LTC) Rules, 1988, the scheme allowing Government servants to travel by air to North East Region (NER), Jammu and Kashmir (J&K) and Andaman & Nicobar Islands (A&N) is extended for a further period of two years, w.e.f. 26th September, 2018 till 25th September, 2020 as under:
(i) LTC for visiting NER, J&K and A&N in lieu of a Home Town LTC.
(ii) Facility of air journey to non-entitled Government servants for visiting NER, J&K and A&N.
(iii) Permission to undertake journey to J&K, NER and A&N by private airlines.
2. The above special dispensation is subject to the following terms & conditions:
(i) All eligible Government servants may avail LTC to visit any place in NER / A&N/ J&K against the conversion of their one Home Town LTC in a four year block.
(ii) Government servants, whose Home Town and Headquarters/place of posting is the same, are not allowed the conversion .
(iii) Fresh Recruits are allowed conversion of one of the three Home Town LTCs in a block of four years, applicable to them.
(iv) Government servants entitled to travel by air may avail this concession from their Headquarters in their entitled class of air by any airlines subject to the maximum fare limit of LTC-80.
(v) Government servants not entitled to travel by air are allowed to travel by air in Economy class by any airlines subject to the maximum fare limit of LTC-80 in the following sectors:
(a) Between Kolkata/Guwahati and any place in NER.
(b) Between Kolkata/ChennaiNisakhapatnam and Port Blair.
(c) Between Delhi/Amritsar and any place in J&K.
Journey for these non-ntitled employees from their Headquarters up to Kolkata/ Guwahati/ Chennai/ Visakhapatnam/ Delhi/ Amritsar shall be undertaken as per their entitlement.
(vi) Air travel by Government employees to NER, J&K and A&N as mentioned in para
(iv) and (v) above is allowed whether they avail the concession against Anywhere in India LTC or in lieu of the Home Town LTC as permitted.
(vii) Air Tickets are to be purchased directly from the airlines (Booking counters, website of airlines) or by utilizing the service of Authorized Travel Agents viz. ‘M/s Balmer Lawrie & Company', 'M/s Ashok Travels & Tours' and 'IRCTC' [to the extent IRCTC is authorized as per DoPT's O.M. No. 31011/6/2002- Estt.(A) dated 02.12.2009] while undertaking LTC journey . Booking of tickets through other agencies is not permitted and no request for relaxation of rules for booking the tickets through such agencies shall be considered by this Department.

3. Efforts should be made by the Government servants to book air tickets at the cheapest fare possible. All the Ministries/ Departments are advised to bring it to the notice of all their employees that any misuse of LTC will be viewed seriously and the employees will be liable for appropriate action under the rules. In order to keep a check on any kind of misuse of LTC, Ministries/ Departments are advised to randomly get some of the air tickets submitted by the officials verified from the airlines concerned with regard to the actual cost of air travel vis-a-vis the cost indicated on the air tickets submitted by the officials .

4. In so far as the employees of Indian Audit and Accounts Department are concerned, this order issues after consultation with Comptroller & Auditor General of India.
sd/-
(Surya Narayan Jha)
Under Secretary to the Govt. of India
Source: dopt.gov.in
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