Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits

Annual increment next day of superannuation

BSNL

BHARAT SANCHAR NIGAM LIMITED
[A Government of India Enterprise]
Corporate Office, Taxation Section

First Floor, Bharat Sanchar Bhawan
Janpath, NewDelhi-110 002
Dated: 18.02.2020

No.48-2 / 2021-Pen (B)

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores /Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits – Guidelines regarding.

Sir,

Of late, this Office has been receiving many Court Cases as well as letters from various Telecom Circles seeking guidelines for disposal of representations received from retired employees, regarding grant of national increment falling due on the next day of superannuation/ retirement etc. for the purpose of pensionary benefits.

2. . In this regard , I am directed to forward herewith DOP&T O.M . No. 19/2 /2018-Estt (Pay-I) dated 03/02/2021 , along with its enclosures, with regard to grant of notional increment for pensionary benefits in pursuance of the judgement dated 15/09/2017 of Hon ‘ble High Court of Madras in W. P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs. Union of India & Ors.

3. DOP&T vide its aforesaid O.M has mentioned that the judgment dated 15/09/2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P.Ayyamperumal Vs Union of India & Ors is in personal in nature. In this regard, a brief note reflecting the Government’s stand on the instant issue has been attached as Annexure-1.

4 . Further, it has been mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgement dated 29/03/2019, while dismissing the SLP (C) Dy. No. 6468/2019 filed by DOT against the judgement dated 03/05/2017 of Hon ‘ble High Court, Lucknow Bench in W .P. 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 day s in filing the special leave petition. We don’t see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

5. Since the question of law on the instant issue is open and not yet decided, the decision for implementation of the judgment dated 15/09/2017 of Hon’ble High Court of Madras in W .P. No. 15732 of 2017 in Shri P. Ayyamperumal case, in rem has not been taken.

Court cases for granting notional increment for pensionary benefits in pursuance of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India

5. Accordingly, all the Telecom Circles/ Other Administrative Units/Cadre Controlling Units of BSNL Corporate Office are requested to dispose of the grievances/ representations received from various retired employees of BSNL in the light of the aforesaid guidelines issued by DOP&T. Further, where Court Cases have been filed by the retired employees in various Courts of Law, for grant of notional increment after retirement for pensionary benefits, it is, requested to defend these Courts cases in the above light and also to suitably incorporate the guidelines issued by DOP&T vide it’s O.M. dated 03/02/2021 while preparing the Counter Reply in such cases. Further, since the issue involves grant of pension and pensionary benefits, all the Telecom Circles/Administrative Units are requested to consult the concerned CCA Unit, while defending the Court Cases pertaining to their respective Circle/ Unit.

This issue with the approval of the Competent Authority .

Enclosures: As above .

Yours faithfully,

(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt)

Click to download the Court Case

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

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

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

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

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

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

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.

Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per 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

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

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

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

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]

Why is Annual Increment denied to employees retiring in June?

Why is Annual Increment denied to employees retiring in June?

Until 01.01.2006, the date of implementing employee’s annual increment was fixed on the basis of his/her date of appointment or promotion option. After the 6th CPC, it was decided that 1st July of each year would be the uniform date of implementation of annual increment for all Central Government employees.

Employees who are appointed after January 1st are not eligible for that year’s annual increment on July 1. They qualify for annual increment only the next year.

The revised pay rules said that “If an employee is on leave or is availing joining time on the 1st of July, the benefit of annual increment in pay will be drawn only from the date on which he resumes duty and not from the first of July. Each year, employees who retire in the month of June are not given the annual increment of the year since they do not report to work on 1st July. Only those employees who resume duty on July 1st are eligible to receive the annual increment. Or, the day they report back to work is taken as the date for implementing the annual increment. Since there are no possibilities for the retired employees to return to work, they are not considered as qualified to receive the annual increment.

The revised pay rules states that only those who have been receiving the same basic pay continuously for 6 months are considered as qualified for annual increment. According to the another rule of qualification for increment, the person should have complete one year in service after receiving the annual increment. Therefore, despite being qualified, these employees are denied their annual increment.

There is an order that states that those who retire on July 1st should complete the retirement formalities in the month of June.

Instead of strictly looking into such technicalities, it would be a nice gesture on the part of the Government to extend the benefits of annual increment to those senior employees too who retire from service in the month of June.

Source: 90paisa.blogspot.in
[http://90paisa.blogspot.in/2014/05/why-is-annual-increment-denied-to.html]

‘Rounding off’ instructions given by Ministry of Finance as per 6th CPC

‘Rounding off’ instructions given by Ministry of Finance as per 6th CPC

Once again the ’rounding off’ issue has been raised in some defence accounts departments...

CGDA clearly said that the instructions issued by Ministry of Finance vide their office memorandum dated 29th Jan 2009 to round off any amount of a rupee or more to the next multiple of ten is to be implemented only for calculation of Increment under revised pay structure granted on or after 1.7.2009.

“The increment is an increase in pay for each year in a particular date. As per 6th CPC the annual increment has been granted on 1st July of every year and the qualifying period for earning an increment is six months on 1st July. One increment is equal to 3% (three per cent) of the sum of the pay in the pay band and the grade pay will be computed and rounded off to the next multiple of ten.

As per the Rule No.13 of CCS(Revised Pay) Rules 2008, “In the case of calculation of increments under the revised pay structure, paise should be ignored, but any amount of a rupee or more should be rounded off to next multiple of 10. To illustrate, if the amount of increment comes to Rs.1900.70 paise, then the amount will be rounded off to Rs.1900; if the amount of increment works out to be Rs.1901, then it will be rounded off to Rs.1910.”

Finmin Order 2013 : Re-exercise of option under Rule 6 of the CSS (RP) Rules, 2008, in case of employees covered under the OM dated 19.3.2012

Finmin Order : Date of next increment in the revised pay structure under Rule 10 of the CCS(RP) Rules, 2008.

Central Civil Services (Revised Pay) Rules, 2008 - the re-exercise of option under Rule 6 of the Central Services (Revised Pay) Rules,2008 in case of employees covered under the OM dated 19.3.2012 - Finmin order 2013.

No. 10/2/2011-E-III(A)

Government of India

Ministry of Finance

Department of Expenditure

 

North Block, New Delhi

Dated the 3rd January, 2013

 

OFFICE MEMORANDUM

 

Subject: Central Civil Services (Revised Pay) Rules, 2008 - the re-exercise of option under Rule 6 of the Central Services (Revised Pay) Rules, 2008 in case of employees covered under the OM dated 19.3.2012.

 

The undersigned is directed to invite a reference to Rules 5 & 6 of the CCS(RP) Rules, 2008, as per which a Central Government employee had an option to elect to come over to the revised pay structure either from 1.1.2006 or from the date of his next increment or from the date of promotion, upgradation of pay scales. Such an option was to be exercised within 3 months from the date of publication of CCS (RP) Rules, 2008. The rule also provides that the option once exercised shall be final.

 

2. This Ministry issued instructions vide this Departments OM No.10/2/2011-E-IIIA dated 19.3.2012, providing that those Central Government employees who were due to get their annual increment between February, 2006 to June, 2006 may be granted one increment on 1.1.2006 in the pie-revised pay scale as a one time measure and, thereafter, they will get the next increment in the Revised Pay structure on 1.7.2006 as per Rule 10 of the CCS (RP) Rules 2008.

 

3. In view of the benefit extended to Central Government employees as per the aforesaid OM dated 19.3.2012, the issue relating to according of a fresh opportunity to Central Government employees to re-exercise their option to come over to the revised pay scale as per CCS(RP) Rules, 2008 was raised by the Staff side of the Joint Consultative Machinery in the meeting of the National Anomaly Committee held on 17.7.2012.

 

4 The matter has been considered by the Government and having regard to the fact that the provisions of the aforesaid OM dated 19.3.2012 bring about a material change in the basis for exercise of option to come over to the revised pay structure in terms of the CCS(RP) Rules, 2008 in respect of employees who are covered under the said OM dated 19.3.2012, the President is pleased to decide that all those employees who are covered under the provisions of the aforesaid OM dated 19.3.2012 may once again be permitted to re-exercise their option to come over to the Revised pay structure.

 

5. The benefit under these orders for re-exercise of option shall be available for a period up to 31.3.2013. The revised option shall be intimated to the head of the office by the concerned Government employees in accordance with the provision of Rule 6 (2) of the CCS (RP) rules, 2008.

 

6. All the Ministries and Departments are requested to bring the content of this OM to the notice of their employees so that such employees can avail themselves of the same within the stipulated time period.

 

7. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

 

sd/-

(Amar Nath Singh)

Deputy Secretary to the Government of India

 

Source: www.finmin.nic.in

[http://finmin.nic.in/the_ministry/dept_expenditure/notification/misc/CCS_rules_2008_03012013.pdf]

DATE OF NEXT INCREMENT IN EXTRA ORDINARY LEAVE CASES

DATE OF NEXT INCREMENT IN EXTRA ORDINARY LEAVE CASES

One of the major demand from Staff side JCM in National Council, now the demand has been granted by the Government and published as order.

No. 16/2/2009-Estt.(Pay I)
Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 2^nd July 2010

OFFICE MEMORANDUM

Subject: Regulation of the Date of Next Increment in case of Extra-Ordinary leave (without medical certificate) after implementation of the CCS (RP) Rules, 2008 – clarification regarding.

*****

      Consequent upon the implementation of CCS(RP) Rules 2008, the increments in the revised pay structure are to be regulated in terms of Rule 10 of the CCS (RP) Rules 2008.This rule states that ‘there will be a uniform date of annual increment viz. 1^st of July every year. Employees completing 6 months and above in the revised pay structure as on 1^st July will be eligible to be granted the increment.”

2.       The issue of regulation of date of next increment in case of EOL (without medical certificate) after implementation of CCS(RP) Rules 2008, has been examined in consultation with the Department of Expenditure.

3.       It is clarified that except as provided under the conditions laid down in this Department’s OM dated 18.2.1986, qualifying service of less than six months on account of EOL (without medical certificate) between 1^st July of the previous year till 30^th June of the year under consideration shall have the effect of postponing the increment to 1^st July of the next year. The same stipulation will also be applicable to those cases where the increment became due on 1.7.2006. In terms of this Department’s O.M. No. 13017/20/85-Estt. (L) dated 18.2.1986, EOL granted for the following purposes automatically counts as qualifying service for pension and for increments without any further sanctions:-

      (i) EOL granted due to inability of a Government servant to join or rejoin duty on account of civil commotion.

      (ii) EOL granted to a Government servant for prosecuting higher technical and scientific studies.

4.       Hindi version will follow.

(Rita Mathur).
Director

www.persmin.nic.in