Category: Increment

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One notional increment to those retired on 30th June after completion of 365 days

BHARAT PENIOSNERS’ SAMAJ
(All India Federation of Pensioners’ Association)


No.SG/BPS/01/20/16


Dated: 16.01.2020


To


The Union Minister of Finance


The Union Minister of Law & Justice


The MOS (PP) PMO


Secy , DOPT


JS, DOP & PW


Subject : One notional increment to those retired on 30th June after completion of 365 days


Madam / Sir,


Constitution of India is sacrosanct, Government Policies & Rules have to be in Synchronization with the constitution. In case of variations Policies & Rules need to be amended to suit the provisions of the constitution of India.


“Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. (State of U.P. [(1969) 1 SCC 817])) Pensioners form a homogenous group (D.S. Nakara & Others vs Union Of India on 17 December, 1982) Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 wherein it was HELD: Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. Principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another.



Madam / Sir, Answers to Lok Sabha unstarred Q No 427 & 2027 (copies attached ) seek to introduce discrimination among Similarly placed.


The judgments under reference may be in Persona, REM or Supra. The fact remains that the honorable courts decided an issue relating to pensionary benefit and that UOI was one of the party to the case as such to ensure equality under Article 14 of constitution it need to be applied to all similarly placed and not only to appellant.


Honourable PM (in his speech in Golden Jubilee celebration of Dethi High court) as well as Honourable Supreme Court through pronouncements in several of its judgements has said that the issue once decided should apply to all similarly placed. MOD through its circulars CGDA, Ulan Batar ‘Road, Palam-Delhi Cantt No AN/III/3012/Circular/Vol.VII Dated 30.10.18 and GOI Ministry of Defense D(CMU), Sena Bhawan, New Delhi, Dated 07.09..2018 has provided application of Court judgments to all similarly placed.


Govt. of Tamil Nadu. too has applied court judgment on the same issue for all similarly placed pensioners vide FINANCE (PAY CELL) DEPARTMENT G.O.Ms.No.140, Dated: 25th April, 2018. Irony is that PM & Apex court desires application to all similarly placed the Service/ Pension issues once legally decided. MOD too provides application of Court judgments to all similarly placed (which includes Defence civilians also). But DOPT and DOPPW do not agree to it.


Bharat Pensioners Samaj once again request you not to push pensioners who are in the evening of their lives to courts to seek redress on issues already decided. Please have MERCY on them.


Thanking You


Yours truly,


Sd/-
S C Maheshwari
Secy General Bharat Pensioners Samaj



Source: https://scm-bps.blogspot.com
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Date of next increment under Rule 10 of CCS(Revised Pay) Rules, 2016- Clarifications by Fin Min dated 29.11.2019

7th Pay Commission: Date of next increment under Rule 10 of CCS(Revised Pay) Rules, 2016- Clarifications by Fin Min dated 29.11.2019
increment from 1 january
No. 4-21/2017-IC/E.IIIA
Government of India
Ministry of Finance
Department of Expenditure
****
North Block, New Delhi-110001
Dated the 28th November, 2019
OFFICE MEMORANDUM
Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016- Clarifications-regarding.
The undersigned is directed to invite the attention to Rule 10 of the CCS (RP) Rules, 2016 which provides for the entitlement of employees for drawal of annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgrdation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial up­-gradation including up-gradation under Modified Assured Carrier Progression Scheme (MACPS) during the period between the 2nd day of January and 1stday of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial up-gradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.
2. A number of references were received in the Ministry of Finance seeking clarifications regarding drawal of next increment by the employees promoted on 1st July, 2016. On consideration of the matter, Department of Expenditure vide it’s Office Memorandum of even number dated 31.07.2018 has clarified that in case an employee is promoted or granted financial up-gradation including up-gradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS (RP) Rules, 2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.
3. Consequent upon issue of Office Memorandum dated 31.07.2018 different Ministries/ Departments have sought clarification on applicability of DOE’s O.M dated 31.07.2018 keeping in view the provisions of Rule 10 of CCS (RP) Rules 2016 , Rule 22(I)(a)(1) of Fundamental Rules & provisions of Stepping up of pay. The issues on which various Ministries/Departments have sought clarifications and decisions thereon are brought in the succeeding paragraphs.
Issue No. 1: Whether after promotion on 1st July and fixation of pay with two increments the date of next increment will be 1st January or 1st July
4. During the regime of 6th CPC, when the annual increment was admissible uniformly on 1st July every year, employees completing 6 months and above in the revised pay structure as on 1st July were eligible for grant of increment. In the 7th. CPC regime there are two dates of increments pt January and 1st July. Keeping in view the spirit of 6th CPC, 0.M dated 31.07.2018 was issued providing for accrual of next increment on 1st July/1st January in respect of employees getting promotion on , 1st January/1st July provided 6 months qualifying service is strictly fulfilled.
5. The instructions contained in the O.M. dated 31.07.2018 are self-explanatory in respect of the cases of promotion/financial up-gradation falling on 1st July or 1st January. These instructions provide that in case of promotion/financial up­ gradation on 1st July and 1st January and getting fixation of pay in the Level applicable to the post in which promotion is made in accordance with Rule 13 of the CCS (RP) Rules 2016, the first increment in the level in which promotion is made shall accrue on the following 1st January or 1st July, as the case may be, provided a period of 6 months’ qualifying service is fulfilled.
Issue No.2 : Accrual of next increment in case of regular promotion/financial up­ gradation of an employee on any date other than the date of annual increment and option for pay fixation is exercised under FR 22(I)(a)(1). •
6. The opportunity to exercise of option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotion/financial up-gradation. Therefore, the Central Government Employee promoted on regular basis/granted financial up­ gradation on any date other than the date of his/her annual increment in lower grade and exercises the option under FR 22(I)(a)(1) read with Department of Personnel & Training’s OM No.13/02/2017-Estt.(Pay-I) dated 27.07.2017 for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may 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) on the analogy of Department of Expenditure’s OM dated 31.07.2018. The next increment, thereafter, shall however, accrue only after completion of one year.
7. Since there is material change, it has also been approved that the employees who have been regularly promoted or granted financial up-gradation on or after 01.01.2016 and desire to exercise/re-exercise option for pay fixation under FR22(I)(a)(l) shall be given an opportunity to exercise or re-exercise of the option there under. Such an option shall be exercised within one month of issue of this O.M.
8. These instructions will be applicable with effect from 01.01.2016.
9. 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.
10. Hindi version of these orders is attached.
(B.K.Manthan)
Deputy Secretary to the Government of India
To
1. All Ministries/Departments as per standard list.
2. C&AG, UPSC etc. as per standard endorsement list
2. NIC, D/o Expenditure-with a request to upload the OM on website of the Department.
Our Previous articles by R.Hariharakrishnan, Manager, Postal Stores Depot, Tirunelveli 627002
Dtd 10.09.2018 : Grant of first increment after promotion consequent on the orders dated 31.7.2018
Dtd 29.10.2018 : Fixation benefit on promotion
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Increment on 1st July, retired on 30th June: Supreme Court dismissed Review Petition 1731/2019 filed by the Government

Increment on 1st July, retired on 30th June: Supreme Court dismissed Review Petition 1731/2019 filed by the Government 


supreme court judgement on increment

Text of the Supreme court judgement follows:
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
R.P.(C) No. 1731/2019 in S.L.P. (C) No.22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS
P. AYYAMPERUMAL
Respondent(s)
O R D E R

Delay in filing the Review Petition is condoned.

This review petition has been filed against Order dated 23rd July, 2018 whereby the Special Leave Petition was dismissed.

We have considered the review petition on merits. In our opinion, no case for review of Order dated 23rd July, 2018 is made out. Consequently, the review petition is dismissed on merits.

Pending application filed in the matter also stands disposed of.

………………..J
(N.V. RAMANA)
…………………J
(DEEPAK GUPTA)
NEW DELHI;
8TH AUGUST, 2019.
Digitally signed by
VISHAL ANAND
Date: 2019.08.09
16:55:01 IST

ITEM NO.1004 
SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
R.P.(C) No. 1731/2019 in SLP(C) No. 22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS
P. AYYAMPERUMAL
Respondent(s)

(FOR ADMISSION and IA No.98411/2019-STAY APPLICATION and IA No.98414/2019-CONDONATION OF DELAY IN FILING REVIEW PETITION )

Date : 08082019 This petition was circulated today.

CORAM :
HON’BLE MR. JUSTICE N.V. RAMANA
HON’BLE MR. JUSTICE DEEPAK GUPTA

By Circulation
UPON perusing papers the Court made the following
O R D E R
Delay in filing the Review Petition is condoned.

The review petition is dismissed on merits in terms of the signed order.
Pending application filed in the matter also stands disposed of.
(VISHAL ANAND)
COURT MASTER (SH)
(RAJ RANI NEGI)
ASSISTANT REGISTRAR
(Signed Order is placed on the file)
Message by JVSR Krishna – 9441903448 (jvsrkrishna[@]gmail.com)
Flash….Flash….Flash…..Flash, 
Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019 judgement dt.8th Aug. 2019 filed by the Government, indicated based on the merit, review petition submitted by Government was dismissed. Now, the national forums responsibility is to insist the government to implement the same to all the central government servants who are similarly placed, instead of everybody approaching the court of law for justice and it is shear waste of money and time.
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When increment will be drawn in case of officials availing leave on 1st July of the year?

Officials are going on leave during first July, without knowing that Increment will be drawn to them, only on return from leave. The period of leave admissible for getting increment, and not admissible, are given in the table below.


For Example: If an official preceded on Earn leave (EL) / Commuted Leave / Half Pay Leave (HPL), and EXOL with Medical certificate from first July of the Year, he will get his increment, after period of the leave, on the date of rejoining. On 1th July of that year, suppose he processed 45 days of any kind of leave, he will get his increment only on 15th August of that Year. Therefore, it is advisable to be on duty on 1st July, and to proceed on Leave, after 1st July of any year.

image search result for annual incremnet


From the below illustration, if an employee was on EL for 45 days from 11-06-2015 to 25-07-2015 and reported to duty on 26-07-2015, increment will be drawn as follows:

From 11-06-2015 to 25-07-2015 → pay and allowances will be drawn @Rs.10000+2400 =12400 as leave salary

From 26-07-2015 to 31-07-2015 → pay and allowances will be drawn @ Rs.10380+ 2400=Rs.12780 (by adding due increment of 3% after return from leave)

For services rendered for 6 months of qualifying service in a post, between the period from 1st July of previous year and 30th June of the current year, i.e from the date of last drawl of increment in the previous year, Increment can be drawn on 1st July.

Period of leave eligible for drawl of increment on 1st July
An officials availing following kinds of leave during increment on 1st July not eligible for drawn increment
1.Casual Leave (CL) 1.Earn Leave (EL)
2.Restricted  Holiday (RH) 2. Leave not due (LND)
3. Child Care Leave (CCL)
4. Paternity Leave (PL)
5. EXOL (With and Without Medical Certificate)
6. Commuted Leave (With and Without Medical Certificate)
7.Half Pay Leave (HPL)


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Counting of training period (Prior to posting) for drawing increments: Clarification by Department of Posts

No 4/2008 400 (Corr)
Government of India
Ministry of Communications & IT
Department of Posts
(Establishment Division)
Dak Bhawan, Sansad Marg
New Delhi – 110001
Dated: 14.10.2013
Sub: Counting of training period (Prior to posting) for drawing increments.
This has the reference to your office letter 127/PM/G II/C-266 dated 17.07.2013 on the subject cited above.
2. In this context, I am directed to convey that GIO (1) below FR 26 provides that where a person has been selected for regular appointment and before formally taking over the charge of the post for which selected person is required to undergo training, training period undergone by such a Government servant whether on remuneration or otherwise counts as duty for the purpose of drawing increments. This order is applicable only in case of direct recruits. Further Rule 10 of CCS (RP) Rules, 2008 provides that employees completing six months and above in the Revised pay structure as on 01st Jul will be eligible to be granted the increment. Thus, from the contents of GIO (1) below FR 26 read with Rule 10 of CCS (RP) Rules, 2008, it is clear that “a Government servant who has completed the six month service including training period (whether on remuneration or otherwise) as on 01st Jul will be eligible for increment.” This is applicable only in case of direct recruits.
This issues with the concurrence of DDG (PAF) vide Diary NO. TTL-4-PEA dated 11.10.2013.
sd/-
(Surender Kumar)
Assistant Director General (GDC/PCC)
counting of training period for drawing increments