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Showing posts with label Date of next Increment. Show all posts
Showing posts with label Date of next Increment. Show all posts

Thursday, 19 December 2019

Calculation Date of Next Increment (DNI) in Promotion – Questions and Answers of Rajya Sabha 2019

Clarification on Date of Next Increment (DNI) in Promotion – Rajya Sabha Questions and Answers 2019

In Rajya Sabha on 10.12.2019, a question was raised regarding the determination of date of next increment for Central Government employees. The Minister of State for Finance Shri Anurag Singh Thakur has replied in written form as follows…

“In case an employee, promoted between 2nd January and 30th June (both inclusive), opts for pay fixation from the date of next increment i.e., 1st July, the first increment on the level to which he/she has been promoted will be on following 1st January”.

Also he said, as per Department of Expenditure’s O.M. No. 4-21/2017-IC/E.III(A) dated 28.11.2019, the employee promoted on any other date than the date of annual increment and exercises the option under FR 22(1)(a)(1) for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, would be allowed the 1st increment in promotional grade on 1st January 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July / 1st January (i.e., the date of increment in lower grade).

Source: DoPT & MoF Orders
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Wednesday, 30 October 2019

DoE – Drawal of next increment under Rule 10 of Central Civil Services Revised Pay Rules, 2016

Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016

DoE – Drawal of next increment under Rule 10 of Central Civil Services Revised Pay Rules, 2016

No.4-21/2017-IC/ E.IIIA
Government of India
Ministry of Finance
Department of Expenditure


North Block, New Delhi-110001
Dated the 29th October, 2019

OFFICE MEMORANDUM

Subject: Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 – regarding.

The undersigned is directed to refer to para 8(i) of the Ministry of Home Affairs U.O. No. 300/14/Pr.A.O./Admn/ MHA/23/2018-19/456 dated 29.04.2019 seeking clarifications regarding drawal of next increment, referring the instructions contained in Department of Expenditure Office Memorandum No. 4-21/2017-IC/E.IIIA dated 31.07.2018, as to whether an employee promoted or getting financial upgrdation on 01.07.2016 and granted two increments i.e. first annual increment and second promotional increment, is eligible for his next increment after completion of six months period on 01.01.2017 or after expiry of one year period on 01.07.2017.

Also check: 7th Pay Commission Annual Increment for Central Government Employees

2. The matter has been examined in this Department. In terms of the instructions contained in this Department’s above referred O.M. dated 31.07.2018, the employees who are getting promotion/financial upgradation on 1st July and receiving the benefit of two increments i.e. the first annual increment due on 1st July and the second notional increment on account of promotion, will accrue their subsequent increment on the following 1st January, after completion of six months period.

(Ram Gopal)
Under Secretary (E.IIIA)

Also read: Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post
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Tuesday, 29 October 2019

Madras High Court Order - Notional increment/re-fixation of pensionary benefits


Madras High Court Order - Notional increment/re-fixation of pensionary benefits

Notional-Increment-Pensioner-Benefits-Madras-High-Court-Order

F.No.A-23011/36/2013-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
North Block, New Delhi,
Dated the 18 October, 2019
To,
All Pr. Chief Commissioners / Chief Commissioners / Director General under CBIC,

Subject: Grant of notional increment / re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No. 15732/2017 in the case of Sh.P.Ayyamperumal - regarding.

Sir/Madam,

1. I am directed to inform that the Order dated 15.09.2017 of the Hon’ble High passed in the matter of P.Ayyamperumal’s case (WP No.15732/ 2017) is in personam and not in in rem. Therefore, the CBIC has implemented the High Court’s order in personam after dismissal of review petition filed in the Supreme Court, for petitioner only which would not be quoted as precedent in future.

2. A number of cases on the similar grounds are pending at various fora, and similar demands from other similarly placed officers could also arise after Hon’ble Supreme Court’s Order dated 08.08.2019 in R.P.(C) No.1731/2019. Keeping this in mind, a request was made to DoPT seeking their opinion about the future course of action to be taken in case pertaining to similarly placed applicants and non ­ applicants.

Also check: Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order

3. DoPT has now informed that Deptt. of Legal Affairs have observed that:
"It is very clear that the judgment of Hon’ble High Court of Madras passed in the matter of Sh. P.Ayyamperumal is in personam and not in rem."
4. Based on the above, DoPT has informed that in so far as other similar cases are concerned, the same may be defended on following grounds:-

4.1 In so far as P. Ayyamperumal case is concerned, it is stated that the judgment of Hon’ble High Court of Madras is in personam.

4.2 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 Tamil Nadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

4.3. It is relevant to mention here that in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, in C.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 a universal rule.

Also read: Grant of Notional Increment on completion of 12 Months of Service

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 151 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 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 Malakondaiah case (supra).

4.4 In addition, subsequent to the judgment of Hon’ble High Court of Madras in P. Ayyamperumal’s case, Hon’ble CAT Madras Bench vide its orders dated 19.03.2019 in 0.A. No. 310/00309/ 2019 and O.A. No. 310/00312/ 2019 and Order dated 27.03.2019 in O.A. No. 310/00026/ 2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

5. Accordingly, it is requested that all the pending / future court cases on the similar issue should be defended/ dealt with adequately on the above lines.
Yours faithfully,
sd/-
(A.K. Mishra)
Under Secretary to the Government of India
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Thursday, 20 June 2019

Rule 10 CCS(RP) Rules, 2008 - revised pay scale and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006

Rule 10 CCS(RP) Rules, 2008 - revised pay scale and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.3 D/o Expenditure, M/o Finance

6.3.5 Item No.3/19/ NC-47 - Benefit of proviso to rule 10 CCS(RP) Rules, 2008

Staff Side stated that benefit of Proviso to Rule 10 CCS (RP) Rules, 2008, to those who complete 1 year service at maximum has been sought. It has been stated that there are cases when employees drawing maximum of their Pay Scale complete one year after 01.01.2006 are denied the benefit of next increment in the revised pay structure. The pay may be fixed in the revised pay scale with effect from 01.01.2006 and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006.

Reply of the Official Side:

As per Rule 10 of CCS(RP) Rules, 2008, in the 6th CPC regime, a uniform date of annual increment, viz 1st July of every year has been introduced, under which employees completing six months and above in the revised pay structure as on 1st July would be eligible for increment on 01.07.2006. OM dated 4.7.2014 has also stipulated that the increment on 01.01.2006 shall also be allowed to those who had reached the maximum of the applicable pre­ revised pay scale more than one year before 01.01.2006, and were in receipt of stagnation increment(s), provided the revised pay was fixed on 01.01.2006.

Therefore, the proposal/demand is not in consonance with the 1st Proviso to Rule 10 and the benefit of increment on 01.01.2006 cannot be given in these cases.

This item may be treated as closed.

Previous Agenda Item of 47th NC (JCM) Meeting
Item No. 11/10/NC-46 - A-l Status to Bangalore City

Next Agenda Item of 47th NC (JCM) Meeting
Item No. 11/19/NC-47 - Insisting on non-availability certificate from the Estate officer.
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Friday, 29 March 2019

Grant of one national increment/ pension benefits to retirees those who retired on 30th June as per Honorable Madras High Court Order

Grant of one national increment/ pension benefits to retirees those who retired on 30th June as per Honorable Madras High Court Order

F, No.A-26017/16/2019-Ad IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
North Block, New Delhi,
Dated the 18th March, 2018.
To,
All Pr. Chief Commissioners/Chief Commissioner of GST & Central
Excise/Customs/Directors General under CBIC.

Subject:- Representation for grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Hon’ble Madras High Court Order in WP No.15732 of 2017 in the case of Shri P. Iyyamperumal ys UOI and the Order of Hon’ble Supreme Court in SLP No.22283/2018 dated 23.07.2018 - regarding.

Sir/Madam,
I am directed to say that the above matter has been examined in the Board and after dismissal of SLP Dy. No.22283/2018 dated 23.07.2018, the matter was referred to DoP&T for their advice. DoP&T has advised to refer the matter to Department of Legal Affairs (DoLA) to explore the possibilities of review of the Hon’ble Supreme Court Order dated 23.07.2018 in the said SLP Dy. No.22238/2018. Hence, the matter has not attained finality as yet.

It is, therefore, informed that the final decision taken in the matter would be intimated in due Course as and when the matter attains finality.
Yours faithfully,
(Nagendra Kumar)
Under Secretary to the Government of India
Copy with enclosure to:-
  1. DG. of System & Data Management - for uploading on the website of CBEC.
Source: www.cbic.gov.in
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Saturday, 2 March 2019

Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post - Air Force and Navy Pay Regulations 2017

Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post - Air Force and Navy Pay Regulations 2017
No. 1(20)/2017/D(Pay/Services)
Ministry of Defence
D (Pay/Services)
Sena Bhawan, New Delhi
dated 26th February, 2019
OFFICE MEMORANDUM

Subject: Clarification on 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 respect of Army Pay Rules 2017. Air Force Pay Rules 2017 and Navy Pay Regulations 2017 in respect of Officers and JCOs/OR equivalent.

Reference is invited to Ministry of Defence O.M. of even No. dated 22.3.2018.

In this connection, it is stated that the option is to be exercised within three months from the date of promotion, to have pay fixed under these provisions from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

For all personnel who have been promoted in the interim period (from 01 January 2016 until the issuance of this O.M.), the option is to be exercised within six months of issuance of this O.M. Further, option for pay fixation on promotion, once exercised is final.

This issues with the concurrence of Defence (Finance) vide their I.D. No. 1(8) / 2017 - AG / PA-35 dated 05.02.2019.
Yours faithfully,
(Arun Kumar)
Under Secretary to the Govt. of India
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Tuesday, 26 February 2019

Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS

Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS

GOVERNMENT OF INDIA
MINISTRY OF INDIA
RAILWAY BOARD
S.No. PC-VII/ 127
RBE No. 23/2019
No. PC-V/2016/MACPS/1
New Delhi, dt. 12-02-2019
The General Managers
All Indian Railways
and PUs.

Sub: Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS.

The issue regarding regulation of pay fixation when the promotion to a higher pay level takes place in the 7th CPC period after the employee has already availed the benefit of pay fixation on grant of Financial Upgradation under MACPS has been under consideration for quite some time. It has been decided in consultation with DoP&T that the pay fixation benefit on grant of MACP after 7th CPC may be regulated in the following manner:-
(i) Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme (as prescribed in Para 13 of RS (Revised Pay) Rules, 2016).

(ii) There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same pay level as granted under MACPS.

(iii) However, at the time of actual promotion if it happens to be in a post carrying higher pay level than what is available under MACPS, then he shall be placed in the level to which he is promoted-at a cell in the promoted level equal to the figure being drawn by him on account of MACP. If no such cell is available in the level to which promoted, he shall be placed at the next higher cell in that level. The employee may have an option to get this fixation done either on the date of promotion or w.e.f. the date of next increment as per the option to be exercised by him.
2. This has the approval of the Finance Directorate of Ministry of Railways.

3. Hindi version is enclosed.
sd/-
(Subhankar Dutta)
Dy. Director, Pay Commission-V
Railway Board
Source: Indian Railways
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Sunday, 25 November 2018

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


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

NFIR

No. 1/2/Part IV
Dated: 13/11/2018
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
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-reg.
Ref: (i) NFIR's letter No. IV/NFIR/7th CPC (Imp)/2016/R.B.-Pt. I dated 06/01/2017.
(ii) Railway Board's reply vide letter No. PC-VII/2017/U/7 dated 31/03/2017.
(iii) DoP&T's O.M. No. 13/02/2017-Estt. (Pay-I) dated 28/08/2018.
(iv) Railway Board's letter No. PC-VII/2016/I/6/2 dated 20/09/2018.

While thanking the Railway Board for its letter dated 20/09/2018 giving one month's time from the date of issue of Board's letter, Federation feels disappointed to state that the Board's order giving opportunity to exercise option for fixation of pay from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, under RS (RP) Rules, 2016 have been issued to the Zonal Railways, unfortunately these orders have not been circulated by the Zonal Railways and the Divisions to the field units with the result the staff are unable to exercise option in time. NFIR suggests that in such orders the time for exercising option should be atleast 90 days from the date the instructions are circulated by the DRMs/Unit incharges to enable the staff to avail the option opportunity.

NFIR, therefore, requests the Railway Board to kindly issue corrigendum to order dated 20th September, 2018 (RBE 142/2018) clearly mentioning that the period of 90 days will count from the date these orders circulated by the Divisional/Units Administration so as to enable the staff to exercise option. Copy of the instructions issued may be endorsed to the Federation.
Yours faithfully,
(Dr. M. Raghavaiah)
General Secretary
Source: NFIR
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Monday, 13 July 2015

GRANT OF INCREMENT FOR THOSE WHO HAVE COMPLETED ONE YEAR ON THE DAY OF SUPERANNUATION – SECRETARY JCM (NC) WRITES TO GOVERNMENT

GRANT OF INCREMENT FOR THOSE WHO HAVE COMPLETED ONE YEAR ON THE DAY OF SUPERANNUATION – SECRETARY JCM (NC) WRITES TO GOVERNMENT
Shiva Gopal Mishra
Secretary
Ph: 23382286
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi -110001
E Mail: nc.jcm.np@gmail.com
No.NC/JCM//2015/DOPT Dated: July 6, 2015
The Secretary(Personnel),
Department of Personnel & Training,
Ministry of Personnel, Public Grievances and Pensions,
North Block,
New Delhi-110001

Dear Sir,
Sub: Grant of increment for those who have completed one year on the day of superannuation

We solicit your kind reference to item No.14 of the 43rd Meeting of the National Council, demanding grant of one increment in the case of those persons who complete one year on the day of their superannuation. The issue was discussed several occasions, but was not agreed upon by the Official Side. The Official Side took the stand that the completion of the stipulated one year being the day on which the official retires, he cannot be granted one increment for having completed one year only the next day and for doing so, one has to be on duty. The fact that the official has completed the requisite one year for earning an increment was unfortunately glossed over. The Staff Side was also told later that the case filed by one of the officials in the Central Administrative Tribunal against denial of increment was turned by the Court. No doubt, grant of increment in a deserving case is an executive decision and no court will be able to compel the Executive to exercise their powers in a particular manner. In fact, the Government ought to have appreciated the fact that the demand is on justified ground and the technicalities should not have come in the way to deny justice.
We now send you a copy of the GO issued by the Government of Tamilnadu, granting one increment on the date of superannuation in the case of those personnel who have completed one year of service. In the light of the decision of the Government of India that the grant of increment can be resorted to even in the case of a person who has completed at least six months in order to bring in uniformity in the date of increment of all Government employees as per the recommendation of the 6th CPC, earlier stand of the Official Side is not at all tenable. Since there had been no meeting of the National Council for the past five years, this matter could not be pursued through discussions.

We request you to kindly consider the matter afresh, especially in the background of the GO. of the Government of Tamilnadu and issue orders to settle the justified demand.
Yours faithfully,
(Shiva Gopal Mishra)
Secretary(Staff Side)
NC/JCM
Encl: As above

ABSTRACT

Tamil Nadu Revised Scales of Pay Rules, .2009 – Grant of notional increment to Government Servants who retires on superannuation on the preceding day of increment due date – Orders – Issued.

FINANCE(CMPC) DEPARTMENT
G.O.Ms.No.311
Dated: 31-12-2014.
Margazi,16.
Thiruvalluvar Aandu, 2045.
READ
1. G.O.Ms.No.234, Finance (PC) Department, dated: 1-6-2009.
2. G.O.Ms.No.123, Finance (PC) Department, dated: 10-4-2012.

ORDER:

As per the provisions under Fundamental Rules 26 (a), the annual increments of the Government Servants are regulated in four quarters viz. 15th January, 15th April, 1st July and 1st October. However, there is no provision in the Fundamental Rules to sanction annual increments in the case of the Government Servants who have rendered one full year of service and retires on superannuation on the last date of completion of one year and their increment due date falls on the next day of superannuation. As such an anomalous situation arises in the case of those Government Servants who retires on the 31st March, 30th June, 30th September and 31st December, as the case may be, inspite of the fact that they have completed one full year of service which are countable for increment as per Fundamental Rules 26(a), (b), (bb), (c) and (d) as the case may be, and on the date ‘of retirement.

2) The above issue was-brought to the notice of Pay Grievance Redressal Cell constituted in the Government Order second read above by several Employees Association for due rectification. The Pay Grievance Redressal Cell, among others, has recommended that “when 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 a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively”.

3) After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.

4) Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately.
(BY ORDER OF THE GOVERNOR)
K.SHANMUGAM,
PRINCIPAL SECRETARY TO GOVERNMENT.


[https://drive.google.com/file/d/0B0rqvSYMJv2ISmdYUTlZQlhLNEU/view]
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