Latest DoPT Orders
No.19/116/2024-Pers.Pol.(Pay)(Pt)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 14th October, 2024.
OFFICE MEMORANDUM
Subject: Grant of notional increment on 1st July/ 1st January to the employees who retired from Central Govt.service on 30th June / 31st December respectively for the purpose of calculating their pensionary benefits – regarding.
The undersigned is directed to say that in terms of Rule 10 of the Central Civil Services (Revise Pay) Rules, 2006, notified by D/o Expenditure vide Notification No.G.S.R.622 (E) dated 29.08.2008, date of annual increment was made uniform viz. 1st July of every year with effect from 01.01.2006. It was subsequently decided vide Rule 10 (1) of the Central Civil Services (Revise Pay) Rules, 2016, notified by D/o Expenditure vide Notification No.G.S.R.721 (E) dated 25.07.2016, that there shall be two dates for grant of increment namely 1st January and 1st July of every year.
2. Hon’ble High Court of Madras in its Order dated 15.09.2017 in W.P.No.15732 of 2017-P.Ayyamperumal Vs Union of India & Ors. allowed grant of notional increment to the petitioner on the day following the date of his retirement from service for the purpose of calculation of pensionary benefits. Judgement in the case of Shri P.Ayyamperumal was implemented in personam. Following this, D/o Personnel and Training (DOPT) received a number of representations from the employees who superannuated on 30th June/ 31st December claiming similar benefit. Large number of Court cases have also been filed before Hon’ble Administrative Tribunals, High Courts and Supreme Court on the subject matter.
3. The issue was examined in consultation with the nodal authorities concerned and with due regard to the relevant provisions in the Fundamental Rules (FRs) which regulate grant of increment to the Central Government employees. It is pertinent to note that FR 9(21) (a) defines ‘pay’ as the amount sanctioned to a Government servant for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre.FR 17 provides that subject to any exceptions specifically made in these Rules, an employee shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of that post and shall cease to draw them as soon as he ceases to discharge those duties. Further, FR 24 stipulates that an increment may be withheld from a Government servant if his conduct has not been good or his work has not been satisfactory. To summarise these Rule provisions, for availing the benefit of an increment on the date of its accrual, an employee should be in service, should have rendered satisfactory work and should have displayed good conduct during the period of qualifying service.
4. However, Hon’ble Supreme Court vide Order dated 11.04.2023 in Civil Appeal No.2471 of 2023 (@SLP (C) No.6185/2020) – Director (Admn.and HR), KPTCL Vs C.P.Mundinamani & Ors, upheld the Orders passed by the Division Bench of the Hon’ble High Court of Karnataka at Bengaluru in Writ Appeal No.4193/2017 allowing grant of one annual increment, which the original writ petitioners earned on the last day of their service for rendering services during preceding one year from the date of retirement with good behaviour and efficiently, for the purpose of calculating the retiral benefits. However, Union of India was not among the Parties in the said case.
and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. As specifically mentioned in the Orders of the Hon’ble Supreme Court, grant of the notional increment on 1st January/1st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits.
8. It may also be noted that these instructions are being issued in compliance of the Interim Orders dated 06.09.2024 of the Hon’ble Supreme Court in MA Dy.No.2400/2024 without prejudice to the legal stand of the Union of India in the matter and without prejudice to any change of law in this regard.Further, the action taken shall be subject to the final outcome of the Review Petition (Dy.No.36418/2024) pending before the Hon’ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024,
9. This issues with the concurrence of D/o Expenditure vide their Dy.No.08- 09/2019-E.III.A(Vol.III) (3969602) dated 08.10.2024 and D/o Legal Affairs vide Computer Dy.No.E 128445 dated 30.09.2024.
10. Hindi Version will follow.
(Mahesh Kumar)
Under Secretary to the Government of India
To
All Ministries/ Departments of Government of India.
Download DoP&T O.M. dated 14.10.2024 purpose of calculating their pensionary benefits
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