No. 1(20)/2017-D (Pay Services)-Part I
Ministry of Defence
Department of Military Affairs
D(Pay/Services)

New Delhi. the 18 August, 2023

To

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Statf

Sub: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 -Clarification regarding.

I am directed to invite attention to MoD fetter No. 1(20)/2017/ D(Pav/Services) -Part-1 dated 2.112020 and 1(4)/2021/D (Pay/ Services) dated 04.06.2021 on the above subject.

2. Enclosed herewith is the Ministry of Finance, Department of Expenditure (E.III.A Branch) OM No 04-21/ 2017-IC/E.III.A dated 04 July 2023 and to say that the provisions therein, will be applicable mutatis-mutandis to the Defence Services Officers and JCO/OR and equivalent provided all the conditions and stipulations laid down therein are strictly fulfilled.

3. The employees to exercise; re-exercise option for pay fixation as allowed under MoF OM dated 28.11.2019 within three months from date of issue of this letter.

4. All other conditions of MoD Letter No. (20) / 2017/ D(Pay Services) Part-1 dated 2.11.2020 remain unchanged.

3. This issues with the concurrence of Ministry of Defence (Finance) vide their Dy. No. 1(8)/2017/ AG/125-PA dated 16.08.2023.

Yours faithfully,

Encl: As above.

(T Johnson)
Gp Capt
Director (Pay Services)

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Message on Website

Subject: Stepping up of Pay of Seniors in comparison to Pay of Juniors

Consequent to issue of Gol, MoF OM No 4-21/2017-IC/E.IIIA dated 28/11/2019, cases are coming to light wherein Junior Officer is drawing more pay than the Senior after earning Increment (after 6 months), in cases where Officers have exercised an option for fixation of pay on promotion from DNI in the lower rank.

2. The issue was referred to MoD, New Delhi for clarification. It has now been intimated vide DoE, vide MoD, DMA (Pay/Services)/D(Pay/Services) Part-1 dated 01/07/2022 that DoE, vide their ID No 03-27/2020-E.III A dated 27/06/2022 have clarified the above issue as follows :

“…….. Stepping up of pay in terms of the provisions contained in Sub-Rule 10(i) of Rule 7 of the CCS (RP) Rules, 2016 may be allowed to the Senior Govt Servants with reference to their Junior Govt Servants where such Junior Govt Servants accrued the next increment on the following 1st Jan or 1st July on completion of a period of 6 months qualifying service as per the OM dated 31/07/2018 provided the conditions laid down therein are strictly followed and the retired Govt Servants were in service on the date of effect of stepping up of pay and also it must be ensured that the junior is drawing the same pay six months before the Senior i.e. stepping up of pay is to be extended to the senior only when pay drawn by the Junior on 1st Jan/1st Jul is drawn by the Senior after 6 months on 1st Jan/1st Jul as the case may be”.

Accordingly, action is being taken to Step up the Pay of Senior Officers which have already been referred to the O/o the PCDA(QO), Pune. Other affected Army Officers (Serving and Retired) are requested to forward their case duly giving Personal Number, CDA A/c No., ‘Name of the Junior Officer of the same corps and same rank / Comparative Statement (format enclosed) to enable Office of the PCDA(O) to step up the Pay of the Officer with reference to the pay of Junior Officer.

Performa for claiming stepping up of Pay with Compare to Junior of Same Pay Level

Signature of claimant Officer

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The next raise will be given to those who had their promotion pay fixed on the annual increment date, which was this year’s first of January, on July 1, 2022.

On 31.7.2018, the Department of Expenditure first issued an order addressing this issue. According to CCS (Revised Pay) Rules 2016 Rule 10.

“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.“

Date of Next Increment DNI after Promotion / Upgradation after completion of 6 months qualifying service i.e., on 1st Jan or 1st July

Next Increment after Promotion Under Rule 10 of CCS (Revised Pay) Rules 2016

However, due to the order’s ambiguity, many departments have struggled to implement it. Many departments requested clarification regarding the validity of the decree dated 31.7.2018. The DoE later offered clarification on November 28, 2019, stating that the first increase following a promotion must be given upon the completion of six months of service if pay fixation for a promotion is done on the annual increment date.

Therefore, this Clarification

1. Whether the date of the following increase will be January 1 or July 1 after a promotion on July 1 and the fixation of pay with two increments.
2. Accrual of next increment in the event that an employee receives a regular promotion or financial upgrade on a date other than the date of the yearly increment and exercises their right to pay fixing under FR 22(1)(a) (1).

In the above case 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 the completion of one year.

Therefore, it should be ensured that the next increase is granted on July 1, 2022, if any government employee whose DNI was on January 1 had their Promotion pay fixed on that date in 2022.

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GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

PC-VII No. 169
File No. PC-VII/2017/R-I/7

RBE No. 35/2021
New Delhi, dated: 24/05/2021

The General Manager/CAOs(R),
All Indian Railways & Production Units,
(As per standard mailing list)

Sub: Date of next increment under Rule 10 of Railway Services (Revised Pay) Rules, 2016 – regarding.

Please refer to Board’s letter No. PC-VIJ/2017/R-I/7 dated 18.12.2019 (RBE No. 212/2019) forwarding therewith Ministry of Finance/ Department of Expenditure’s O.M. No. 4-21/2017-IC/E.IIIA dated 28.11.2019 inter-alia providing clarification on Date of Next Increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 for the adoption of the same in Railways with respect to Railway Services (Revised Pay) Rules, 2016.

2. Ministry of Finance/ Department of Expenditure vide para 7 of their O.M. dated 28.11.2019 also approved that the employees who have been regularly promoted or granted financial upgradation on or after 01.01.2016 and desire to exercise/re-exercise option for pay fixation under FR22(I)(a)(1) shall be given an opportunity to exercise or re-exercise option there under and such an option shall be exercised within one month of issue of their O.M.

3. Now, Ministry of Finance/Department of Expenditure vide their another O.M. No. 04-21/2017-IC/E.IIIA dated 15.04.2021 (copy enclosed) partially modified para 7 of their O.M. dated 28.11.2019 and approved for allowing another opportunity to Government employees to exercise/re-exercise option for pay fixation as allowed under their O.M. dated 28.11.2019.

4. The aforesaid O.M. dated 15.04.2021 of Ministry of Finance/Department of Expenditure shall be applicable mutatis mutandis in Railways too with respect to Railway Services (Revised Pay) Rules, 2016.

5. The “three months’ period mentioned in para 2 of aforesaid O.M. dated 15.04.2021 of Ministry of Finance/Department of Expenditure shall be three months from the date of issue of these instructions.

Encl.: As above

(Jaya Kumar G)
Dy. Director/Pay Commission-VII & HRMS
Railway Board

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Option for fixation of pay on promotion from the date of next increment: Employees who were regularly promoted or granted financial up-gradation on or after 01.01.2016 and decide to exercise or re-exercise their option for pay fixation under FR 22(1)(a)(I) were given one month from the date of issue to exercise or re-exercise their option for pay fixation.

No. 04-21/2017-IC/E.UIA
Government of India
Ministry of Finance
Department of Expenditure
E.II.A Branch

North Block, New Delhi -110001
Dated the 15th April, 2021

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 attention to this Department’s O.M. of even No. dated 28th November 2019 on the subject noted above. In the said O.M. dated 28.11.2019, in para ‘7’, 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 FR 22(1)(a)(I) were given an opportunity to exercise or re-exercise of their option for pay fixation within one month of the date of issue of the said O.M. dated 28.11.2019. However, a large number of references have been received in this Department seeking condonation of delay and allowing another opportunity to exercise/re-exercise the option for pay fixation as allowed under O.M, dated 28.11.2019 as the employees have faced time constraint, etc. in exercising their option for pay fixation thereunder.

Date of Next Increment DNI after Promotion / Upgradation after completion of 6 months qualifying service i.e., on 1st Jan or 1st July

2. The issue has been examined in this Department and the Competent Authority in partial modification of the conditions enumerated in para ‘7’ of the said O.M. has approved for allowing another opportunity to Government employees to exercise/re-exercise option for pay fixation as allowed under O.M. dated 28.11.2019 within three months from the date of issue of this Office Memorandum. No further request for extension of date or relaxation of condition in exercising of the option will be entertained under any circumstances.
3. All other conditions of O.M. dated 28.11.2019 remain unchanged.
4. In their application to the persons belonging to the 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’.
5. The Hindi version of these orders is attached.

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

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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)

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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. 1(20)/2017/D (Pay/Services) – Part-1
Ministry of Defence
Department of Military Affairs
D (Pay/Services)

Sena Bhawan, New Delhi
Dated: 02 November, 2020

OFFICE MEMORANDUM

Subject: Date of next increment – Rule 10 of Army Officers and Air Force Officers Pay Rules, 2017; Regulation 10 of Navy Officers – Pay Regulations, 2017; Rule 10 of Army, Air Force and Military Nursing Service Pay Rules, 2017; Regulation 10, of Navy Pay Regulations, 2017 and Rule 9 of the Non-Combatants (Enrolled) of Air Force Rules, 2017 – regarding.

The undersigned is directed to invite attention to MoD O.M.s No.: 1(20)2017/D (Pay/ Services) dated 22.3.2018 and 30.4.2019 and O.M. No. a PC-1(20)2017-D (Pay/ Services) Part- II dated 11.3.2019 on the issue of availability of option for fixation of pay on promotion/ Modified Assured Career Progression Scheme (MACPs) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army and Air Force Officers Pay Rules, 2017, Navy Officers Regulation, 2017, Army, Air Force and Military Nursing Service Pay Rules, 2017, Navy Pay Regulations, 2017 and Non-Combatants (Enrolled) of Air Force Rules, 2017.

Defence / Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post – Air Force and Navy Pay Regulations 2017

2. Enclosed herewith is the Ministry of Finance, Department of Expenditure OM No. 421/2017-IC /E.IIIA dated 28.11.2019 and to say that the provisions contained therein of the said letter, will mutatis-mutandis be applicable to the Defence Services Officers and JCO/OR and equivalence – provided all the conditions and stipulations laid down therein are strictly fulfilled.

3. Since there is a material change, the personnel who have been regularly promoted or granted financial up-gradation on or after 1.1.2016 and desire to exercise/ re-exercise option for pay fixation shall be given opportunity to exercise or re-exercise of the option. Such an option shall be exercised within one month of issue of this O.M.

MACP Option for Fixation of Pay on Promotion from DNI – Clarification order

4. These instructions will be applicable with effect from 01.01.2016.

5. This issues with the concurrence of Finance Division of this Ministry vide their Dy. No. 1(8)/2017-AG/PA/101 dated 21.10.2020.

Pay Rules / Regulations 2017 for Army / Navy / Air force officers, MNS, JCOs / OR & Equivalent for revision of option to come over to revised pay structure

(T Johnson)
Gp Capt
Director (Pay / Services)

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7th Pay Commission Date of Next Increment after Promotion/ Upgradation: PCDA(O) Pune Message No. 17/2020

PCDA

Message No. 17/2020

Date of Next Increment after Promotion / Upgradation

In accordance with MoD OM No. 1(20)/2017/D (Pay/ Services) – Part -I dated 02.11.2020 read with MoF OM No.4-21/2017 -IC/E/IIIA dated 28.11.2019, the Officers who have been promoted/ upgraded on or after 01.01.2016 in 7thCPC and have opted for fixation of pay from the DNI in lower grade will be allowed Increment in promotional grade after completion of 6 months qualifying service i.e., on 1st Jan or 1st July as the case maybe.

Also read:

7th Pay Commission – Junior officer gets equal to that of his senior and senior office not being eligible for bunching benefits

Accordingly,

• Officers who have already exercised their option for fixation of pay on promotion from DNI will be granted increment in promotional grade on the following 1st Jan or 1st July suo-moto by PCDA(O).
• Officers who have been promoted or granted financial upgradation on or after 01.01.2016 and desire to exercise/ re-exercise option for pay fixation from DNI may opt within one month of issue of the OM. Options so exercised may also be sent through on mail id : ledger-pcdao@nic.in or through AWAN to APAC, PCDA (O) Pune.
• To enable this office to consider the case, the officers are requested to submit their option by 01.12.2020.

Last date of exercising option shall be 01.12.2020.

Also check: 7th Pay Commission Annual Increment

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