F.No.19/2/2018-Estt (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated: 3rd February, 2021

OFFICE MEMORANDUM

Subject: References/ Representations/ 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 & Ors-regarding.

The undersigned is directed to refer to references/ representations/ court cases/ VIP references, received in this Department in large numbers on the issue of granting notional increment for pensionary benefits to those Central government servants who have retired on 30th June/ 31st December of a year, 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.

2. The issue has been examined in this Department in consultation with Department of Legal Affairs and it has been observed that 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. is ‘inpersonam’ in nature. A brief note reflecting the Government’s stand on this issue is attached as Annexure-1.

Madras High Court Order – Notional increment of pensionary benefits

3. Further, it is also mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgment dated 29.03.2019 (copy enclosed as Annexure-11) , while dismissing the SLP (C) Dy. No.6468/ 2019 filed by D/ o Telecommunications against the judgment dated 03.05.2017 of Hon’ble High Court, Lucknow Bench in WP 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 days in filing the special leave petition. We do not see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

4. Since the question of law is open and not yet decided, decision for implementation of the judgement 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.

5. Accordingly, all Ministries/ Departments are, therefore, advised to dispose of all pending grievances seeking notional increment for pensionary benefits and also to defend the various pending Court Cases in this matter.

6. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.

7. Hindi Version will follow.

(Murali Bhavaraju)
Deputy Secretary to the Government of India

Annexure-1

Note on the issue of granting a notional increment for pensionary benefits in pursuance of 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.

Hon’ble High Court of Madras, vide Order dated 15.09.2017, allowed the W.P. No. 15732 of 2017 filed by Shri P. Ayyamperumal relying upon its earlier judgment dated 20.09.2012 in W.P. No. 8440 of 2011 M. Balasubramaniam Vs State of Tamil Nadu. The said case referred by Hon’ble High Court in the said judgement is related to the Fundamental Rules of Tamil Nadu Government whereas the case of petitioner Shri P. Ayyamperumal relates to Central Government Rules. As per the provisions under the Tamil Nadu Fundamental Rule 26(a), the annual increments of the Govt. Servants are regulated in four quarters viz. 1st January, 1st April, 1st July and 1st October. For the Central Government, the increment accrues annually on 1st July only (6th CPC scenario) [now 1st July and 1st January in 7th CPC scenario]. Hence, argument of petitioner is devoid of merits.

2. In light of the relevant provisions of the Fundamental Rules like 9 (21), 9(6), 17(1), 22, 26(a) and 56(a), as also the provisions of CCS (RP) Rules, 2008, a person appointed as a Government servant is entitled to pay, and is also entitled to draw the annual increment as long as such Government servant discharges duties of the post. However, such Government servant may not be entitled to draw the pay and allowances attached to the post as soon as he ceases to discharge those duties. In other words, as per F.R. 17 read with F.Rs. 24 and 26, annual increment is given to a Government servant to enable him to discharge duty and draw pay and allowances attached to the post. If such Government servant ceases to discharge duties by any reason say, by reason of attainment of age of superannuation, he will not be entitled to draw pay and allowances. Such an employee would not be entitled to any increment if it falls due after the date of retirement, be it on the next day of retirement or sometime thereafter. An employee must satisfy not only the condition of becoming entitled for increment, but also should continue to be on duty as a Government servant on the due date {1st July/ 1st January) to avail the increment.

3. Further, in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad, in the year 2005, in the 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. Further, as per Rule 14 of the Pension Rules, a person is entitled for pa y, increment and other allowances only when he is entitled to receive pay from out of Consolid ated 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 jud gment in Malakondalah case (supra).”

4. In addition, subsequent to the judgment of Hon’ble High Court of Madras in the P. Ayyamperumal case, Hon’ble CAT Madras Bench vide its Orders dated 19.03.2019 in O.A.No.310/ 00309/ 2019 and O.A. No.310/ 00312/ 2019 and Order dated 27.03.2019 in 0.A. No.310/ 00026/ 2019 has also dismissed similar requests related with notional increment for pensionary benefits.

Source: DoPT

The post 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 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

BHARAT PENSIONERS’ SAMAJ
All India Federation of Pensioners’ Associations
2/13-A- LGF Backside, Jangpura – A,
New Delhi – 110014

NoBPS/SG/ Notional increment/2020/ 10

Date: 01.12.2020

The Secretary,
GOI ; Ministry of finance – Department of Revenue

The Secretary,
GOI, M/O Personnel, PG & Pensions -DOPT

Subject: Court Cases on the issue of 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.

Reference : 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 20th November 2020.

Sir,

With reference to Prara one of F. No. A-23011/36/2013-Ad.IIA GOL, M/O finance -Department of Revenue CB of Indirect Taxes & Customs dtd 20.11.2020 ‘I am directed to refer to CBIC’s letter of even number dated 18.10.2019 (copy enclosed) on the subject mentioned above whereby you have been informed that the competent authority in consultation with Department of personnel and training and Department of Legal Affairs has decided to implement the Order dated 15.09.2017 passed by the Hon’ble High Court of Madras in the matter of WP No. 15732/2017, P. Ayyamperumal Vs. Union of India, in personam and not in  rem and, therefore, it is not required to be quoted as precedent in future.

Bharat Pensioners Samaj, is of the opinion that while drafting the said Para concerned officers/ official inadvertently overlooked the following facts:

1. THE HIGH COURT OF DELHI Judgment in W.P.(C) 10509/2019 GOPAL SINGH ….. Petitioner versus UNION OF INDIA AND ORS OR DE R 23.01.2020 Paras 8. “” More recently, this Court in its decision dated 13th January, 2020 in W.P(C) 5539/2019 (Arun Chhibber v. Union of India) has discussed the judgment in P. Ayyamperumal at some length in the context of the prayer of an officer of the Central Reserve Police Force (CRPF) who had retired on 30th June, 2007 for notional increment. The Court rejected the contention of the Respondents therein that the judgment in P. Ayyamperuam had to be treated as one that was in persona and not in rem.” and the fact that the SLP filed in the Supreme Court against this Delhi High Court judgment regarding notional increment vide SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 13959/2020 (Arising out of impugned final judgment and order dated 23-01-2020 in WP(C) No. 10509/2019 passed by the High Court Of Delhi ) UOI&ORS VS GOPAL SINGH is dismissed by the Honourable Supreme Court.

Grant of notional increment/ re-fixation of pensionary benefits as per Hon’ble Madras High Court Order

2,In C.L.Pasupathy v. Engineer in Chief (WRO)reported in 2009 (2) MLJ 491, Hon’ble High court of Madras has considered the expressions, “judgment ‘in rem’ & a judgment ‘in personam’ In Para 29 of the said judgment honorable court observed as follows :

“29. Courts have held that, “Judgment in rem”, operates on a thing or status rather than against the person and binds all persons to the extent of their interest in the thing, whether or not they were parties to the proceedings. The judgment “in rem”, as distinguished from judgment “in Personam” is an adjudication of some particular thing or subject matter, which is the subject of controversy, by a competent Tribunal, and having the binding effect of all persons having interests, whether or not joined as parties to the proceedings, in so far as their interests in the “res” are concerned.

In determining whether a judgment is “in rem”, the effect of the judgment is to be considered and it is tested by matters of substance, rather than by measure of any particular draft or form”

In short judgment in rem & in Personam can be defined as follows:

Judgment in rem: Judgment in rem is adjudication pronounced upon the status ofa subject matter, person or a thing by a competent court to the world generally.

Judgment in Personam: Judgments in Personam are all the ordinary judgments not affecting the status of any subject matter, any person or anything.

It is humbly submitted that the judgment dated 15.09.2017 passed by the Hon’ble High Court of Madras in the matter of WP No. 15732/2017, P. Ayyamperumal Vs. Union of India squarely Fits in this definition which has been confirmed by the Honourable High Court Of Delhi through its decision dated 13th January, 2020 in W.P.(C) 5539/2019 (Arun Chhibber v. Union of India where in the Honourable court rejected the respondent’s (UOJ) contention that the judgment in P. Ayyamperuam had to be treated as one that was in persona and not in rem.”

Sir, The Democracy of our Country gives highest regards to the judicial pronouncements on their attaining legal finality and no one including DLA /DOPT has any authority to go contrary to it or misinerpret.

Madras High Court Order – Notional increment of pensionary benefits

In the end BPS beg to remind the bureaucracy of oath to Preamble to constitution of India on and request them to ensure Justice and equality in the matter of pensioners/ Sr Citizens. Not that only those who win through courts get the advantage and the other similarly placed who cannot afford to approach the court are deprived of the same benefit inspite of honorable Supreme court pronouncement not to do so.

Thanking you
Yours truly,

S C Maheswari
Secy Genl. Bharat Pensioners Samaj

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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.

Expected DA January 2020

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, O.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).

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.

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.

These instructions will be applicable with effect from 01.01.2016.

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.

Hindi version of these orders is attached.

(B.K.Manthan)
Deputy Secretary to the Government of India

Source: DoE

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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

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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

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F.No.13-04/2017-PAP
Government of India
Ministry of Communications
Department of Posts
(Establishment Division)

Dak Bhawan, Sansad Marg,
New Delhi -110001
Dated:07th February 2019

To
1.All Chief Postmast.crs General/Postmasters General

1. Chief General Manager, BD Directortate/Parcel Directorate / PLI Directorate
2. Director RAKNPA/ GM CEPT/ Directors of All PTCs,
3. Addl Director General, Army Postal Service, R.K. Puram, New Delhi
4. All General Managers (Finance)/ DAP/ DDAAP

Subject: Grant of special increment in the form of personal pay to central government servants for participation in sporting events and tournaments of national or international importance, in the 7th CPC Scenario case of Shri Avinash Srivastava Umpire.

This Directorate had received a communication from General Manager (Finance), Postal Accounts Office, Lucknow in respect of grant of Special increment in the form of personal pay to the Government Employees for participation in Sports evens and tournaments of National /International importance in the 7th CPC Sceneario.

1. In this regard, the advice of the Nodal Ministry was sought for on the following:

i) Whether any official is entitled for any enhancement of the increment in the light of Para No. 8 (I)(i) ‘e’ to ‘g’ of DoP&T OM no. 14034/01/2013·Estt (D) dated 03.10.2013.

ii) Also whether the Dop&T ON No. 6/1/2017-Estt. (Pay) dated 11th June 2018 will be made applicable in the case of Shri Avinash Srivastava Umpire.

1. The Nodal Ministry has advised that:

a) Para 2 of DoPT’s OM No. 6/1/2013-Estr(Pay-I) dated 19.09.2013 inter alia states that the personal pay will be related to the Grade Pay corresponding to the post against which the employees or will earn the personal pay. From the words ” had initially earned or will earn” it may be understood that the intention of the OM dated 19.09.2013 was not only to revise the rates of the then existing rate of personal pay for those who will earn it after 01.09.2013, but also for the employee concerned who had already earned it prior to 01.09.2013.

b) Further, it is stated that the subject of DoP&T’s OM 6/1/2017-Est. (Pay I) dated 11.06.2018 states as under “Grant of special increment in the form of personal pay to Central Government Servants for participation in sporting events and tournaments of National or International importance, in the 7th CPC Scenerio”. From the subject itself it may be inferred that it is for Central Government Servants and it does not distinguish between players, umpires, referees, coaches etc.

c) In view of the position at 3(a) and 3(b), it is clarified that DoPT’s OMs dated 19.09.2013 and 11.06.2018 are applicable in the instant case and they may examine the instant case accordingly.

1. Taking into account the advice of the Nodal Ministry in this regard, action may kindly be taken in similar case only on the basis of the above advice and in any case of deviation from the above, the advice of the Directorate may be sought for .
2. This issue with the approval of competent authority.

(D.K.Tripathi)
Assistant Director General (Estt.)

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F.No. 4-21/2017-IC/E.III(A)
Government of India
Ministry of Finance Department of Expenditure
North Block, New Delhi

Dated 31st July, 2018

OFFICE MEMORANDUM

Subject: Date of next increment- Rule 10 of CCS (RP) Rules, 2016- regarding.

The undersigned is directed to invite attention to Rule 10 of CCS (RP) Rules 2016 which provides, inter alia, that there shall be two dates for increment namely 1st January and 1st July of every year, instead of the provision of one date of increment on the 1st July during the 6th Pay Commission pay structure. The Rule further provides that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgradation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between the 2nd day of January and 1st day 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 upgradation including upgradation under MACP during the period between 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

2. The proviso to Sub-Rule 2 of Rule 10 of CCS (PR) Rules, 2016 provides that the next increment after drawal of increment on 1st day of July 2016 shall accrue as on 1st day of July 2017.

3. A number of references has been received in the Ministry of Finance seeking clarification whether in case of an employee promoted on 1st July 2016, whose pay was fixed on 01/07/2016 in terms of the rules governing fixation of pay on promotion, the next increment may be allowed on 1st January 2017 or on 1st July 2017.

4. The matter has been considered. During the regime of pay structure obtaining immediately prior to 01/01/2016, when the annual increment was admissible uniformly on 1st July every year, the increment was admissible on 1st July, provided the condition of 6 months service was fulfilled. Thereafter, the next increment used to be given after a period of 12 months.

5. Accordingly, keeping in view the principle followed during the period before 1.1.2016 immediately prior to coming into force of the CCS(RP) Rules, 2016, which has been modified in the revised pay structure in terms of Rule 10 thereof by way of 2 dates of increment on 1st January and 1st July, it is clarified that in case an employee is promoted or granted financial upgradation including upgradation 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.

6. This order is issued in consultation with office of C&AG in its application to employees working in Indian Audit and Accounts Department.

7. Hindi version of this order is also attached.

sd/-
(Ram Gopal)
Under Secretary to the Government of India

Source: https://www.doe.gov.in

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“Further, they have clarified that if the date of next increment on 01.07.2016 for a post held on 01.01.2016 falls after the date of promotion, then the date of next increment for the post held on 01.01.2016 has no relevance for option. Thus, the option cannot be exercised from 01.07.2016 to switch over to revised pay structure”

No.AN/XIV/14164/7thCPC/Corr/Vol-II

Dated: 18/10/2017

To
All PCsDA/CsDA
PCof A(Fys) Kolkata

Subject : Fixation of Pay and grant of increment in revised pay structure clarification – regarding.

The matter regarding fixation of pay under 7th CPC in respect of employees promoted between 1st day of January and the date of notification of CCS(RP)Rules 2016 and methodology to be adopted in such cases has already been furnished by HQrs vide letter bearing No. AN/XIV/14164/7th CPC/Corr/Vol-I dated 8.09.2016. Further, on receipt of Dept of Expenditure OM dated 29.09.2016 , the same was circulated to all controllers for necessary action regarding re fixation of pay in such cases. Also , references on above subject received from Controllers was suitably replied in the light of above orders.

2. Of late, this HQrs has been receiving various references regarding application of the orders issued by AT-II Section of this office vide their letter No. AT/II/2703/Clar dated 28.04.2017 thereby seeking clarification regarding availability of option to switch over to 7th CPC from 07/2016 in cases where the official has been promoted between 1st January 2016 and the date of notification.

3. The matter was referred to MoD(Fin.) DAD Coord for taking up the matter with Ministry of Finance (Dept. of Expenditure) for issuing necessary clarification in this regard.

4. In reply, Ministry of Finance, Department of Expenditure vide their No. 300346981 dated 14.09.2017 received under MoD(Fin) ID No. 1333/C/2017 dated 18.09.2017 have clarified that -“the option to switch over to the revised pay structure either on 01.01.2016 or the date of next increment is applicable under Rule 5 of CCS(RP)Rules 2016 in case of post held on 01.01.2016.

Further, they have clarified that if the date of next increment on 01.07.2016 for a post held on 01.01.2016 falls after the date of promotion, then the date of next increment for the post held on 01.01.2016 has no relevance for option. Thus, the option cannot be exercised from 01.07.2016 to switch over to revised pay structure . (copy attached)

5.This is for information and necessary action.

sd/-
(Kavita Garg)
Sr. Dy.CGDA (AN)

Authority: www.cgda.nic.in

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Item No:2

3% Increment at all stages

In Para 5.1.21, the Commission has stated that it has constructed the Pay Matrix, which has two dimensions i.e. horizontal and vertical ranges. The vertical range is supposed to denote the pay progression with the level. The steps are to reflect the annual forward progression of three per cent in each level. More specifically under the Caption “Annual increment” in Para 5.1.38, the Commission has emphatically stated that the annual increment is being retained at 3 percent.

In the forward to the report, the Chairman Justice Shri AK Mathur (Para 1.19) writes “the prevailing rate of increment is considered quite satisfactory and has been retained”. This apart in para 4.1.17, the Commission states that the various stages within a level moves upward @ 3% p.a.

Having stated categorically that a Govt servant must get his annual increment @3% of his pay, the recommendation that one’s pay on award of annual increment must move to the next cell in the matrix would become tenable only if the difference between the two cells is more than 3% of the Pay of the Govt servant.

From the chart annexed it could be seen that it is not so at many stages warranting a revision of the Pay Matrix at those level, where the employee gets less than 3% as has annual increment when he moves on to the next higher stage in the matrix.

ILLUSTRATION -I – LOSS IN INCREMENT

The post Loss in increment in 7th CPC Pay Matrix – Demand of 3% Increment at all stages: Agenda Items for NAC Meeting appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055

No.IV/NAC/7th CPC/2016
Dated:10/08/2017

The Secretary (E), Railway Board, New Delhi

Dear Sir,

Sub: Anomaly in Pay Matrix levels of 7th CPC.

NFIR brings to the kind notice of Railway Board the anomaly arisen due to non-grant of 3% of pay towards annual increment, pursuant to implementation of 7th CPC pay matrix levels as explained below:-

(a) Clause (c) of terms of reference of the National Anomaly Committee says that the Official Side and Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the 7th CPC itself without the commission assigning any reason, constitutes an anomaly.

(b) The recommendations of 7th CPC regarding Annual Increment are as follows:

(i) 7th CPC Report – Highlights of recommendations-

Annual Increment- The rate of annual increment is being retained at 3%.

(ii) 7th CPC Report Forward:-

Para 1.19- The prevailing rate of increment is considered satisfactory and has been retained.

(iii) 7th CPC Report – Chapter 4.1-Principles of pay determination –

Para-4.1.17 -The various stages within a pay level moves upwards at the rate of 3% per annum.

(iv) 7th CPC Report -Chapter -5.1 -Pay structure (Civilian employees)

Para 5.1.38-Annual Increment.

“The rate of annual increment is being retained at 3%” Para 5.1.21-The vertical range of each level denotes pay progress within that level. That indicates steps of annual financial progression of 3% within each level.

However, contrary to the above principle laid down by 7th CPC, the actual increment rate in the following pay level of the pay matrix are less than 3% as illustrated in the following table.

(d) From the above table it can be concluded that:

1. The recommendations of 7th CPC regarding increment rate is in contravention of the principle or policy enunciated by 7th CPC, hence it constitutes an anomaly .

2. In many stages even though the increment rate shown is 3%, it is rounded off to next below amount causing financial loss to the employees.

3. In the 6th CPC, while calculating increment, if the last digit as one or above, it used to be rounded off to next 10. So in this pay matrix, if the amount is 10 and above, it should be rounded off to next 100.

NFIR therefore requests the Railway Board to take necessary action for rectification of anomaly so as to ensure that the increment @ 3% of pay is granted to employees in whose cases where the actual amount is less than 3%.

Yours faithfully,
(Dr M. Raghavaiah)
General Secretary

Source – NFIR

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