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.
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