Grant of increment on notional basis on 1st January & 1st of
July to those employees retiring on 30th June / 31st of December Apex
Court order
NFIR
No. I/II/Part II
Dated: 16/09/2019
The Cabinet Secretary,
Rashtrapati Bhawan,
New Delhi - 110 004
Dear Sir.
Sub:
Grant
of increment on notional basis on 1st January & 1st of July to
those employees retiring on 30th June / 31st of December - Apex Court
order - reg.
Ref: NFIR's letter No. I/II Part I dated 11/12/2018 addressed to Secretary (Pers), MoF (DoE).
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Revision of Pension of Pre 2006 Pensioners
Kind
attention is invited to Federation's letter No. I/II/Part I dated
11/12/2018 sent to the Secretary, Ministry of Finance, Department of
Expenditure relating to grant of increment on notional basis on 1st
January & 1st of July to those employees retiring on 30th June/31st
of December and urging to implement Apex Court order. Federation feels
sad to mention that though a period of about nine months has passed,
action has not been taken to implement Honorable Supreme Court order. A
copy of our letter dated 11/12/2018, mentioned ibid is enclosed for
ready reference.
Federation requests the Cabinet
Secretary to kindly intervene and see that benefit of increment on
notional basis on 1st January & 1ss July is granted to those
employees retiring / retired on 30th June / 31st December of the year
and accordingly O.M. issued soon.
With regards,
Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary
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Pre-2006 pensioners who retired from the 5th CPC scale
Pursuant
to the implementation of the recommendations of 6th CPC the Staff Side
of National Council (JCM) had raised the demand, urging that the Central
Government Employees including Railway employees who complete one year
service as on 30th June and 31st December every year should be granted
one increment notionally on 1st January or 1st July for calculating
settlement benefit of those employees who retire on 30th June or 31st
December each year. The Government however did not agree to the demand
on the plea that allowing increment is not covered under the rules.
In
the above context, NFIR desires to bring to the notice of MoF that the
High Court at Madras was approached by some employees through With
Petition No. 15732/2017 praying relief in the matter. On 15/09/2017,the
High Court at Madras decided on the Writ Petition and passed order as
follows:-
"Para-7 The
Petitioner herein had completed one full year service as on 30/06/2013,
that 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 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"
Against the above order
of the High Court an SLP was filed by the Government of India before the
Hon'ble Supreme Court, which was however dismissed by the Apex Court.
The
legal position as established above clearly indicates that the employee
who has completed one full year service as on 30th June or 31st
December, as the case may be, should be granted one notional increment
despite the fact that the increment falls on 1st July or 1st January of
the year. The Federation cites following illustration to prove our
contention:-
"An employee who has completed one full
year of service as on 30th June (date of birth being 30th June or 1st
July) and 31st of December (date of birth being 31st December or 1st
January) is eligible to get one notional /increment for the period from
01/07/2018. Similarly an employee is eligible to get one notional
increment for the period from '01/01/2018 to 31/12/2018 even though the
increment falls on 01/01/2019 whose date of retirement is 31/12/2018".
NFIR,
therefore, requests the Secretary, MoF to kindly consider the above
points and see that instructions are issued to all
Ministries/Departments to grant increment on notation basis to the staff
in the situations mentioned above to calculate the terminal/retirement
benefits and also revise these benefits in favour of those who have
already retired. A copy of instructions issued may kindly be enclosed to
the Federation.
Source:
NFIR
