No. TA-3-104/1/2020-T A-III/cs-4261/403
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan,
Block, GPO Complex. INA, New Delhi

Dated: 12/05/2021

Office Memorandum

Subject: Maintenance of General Provident Fund Accounts by the Ministries/ Departments- reg.

A reference is invited to the provisions of General Provident Fund (Central Services) Rules, 1960 and Chapter 6 of the Civil Accounts Manual outlining the procedure for the maintenance of GPF Account of subscribers by the Ministries/Departments. In order to ensure proper maintenance of GPF Accounts and expeditious disposal of withdrawal/final payment cases provisions of Civil Accounts Manual and the instructions issued by the Government from lime to time in this regards need to be strictly adhered to in order to prevent irregularities/ discrepancies in maintenance of GPF Accounts of subscribers and delay in disposal of final payment cases. These have also been reported during the course of Special Audit on GPF conducted by Audit Wing of the office of CGA.

2. Following checks are to be carried out by all PAOs: Check if there is any discrepancy in carry forwarding of closing balance to Opening Balance of the next financial year of the subscriber’s GPF account.

(i) Delay in final payment cases on retirement/death of a subscriber.
(ii) Difference between GPF broadsheet and figures as per compilation sheet.
(iii) Missing Debit/Credit of GPF subscription
(iv) Improper maintenance of GPF ledger
(v) Check discrepancies in Transfer-in and Transfer – out cases
(vi) Check discrepancies in GPF final payment cases

(3) Improper maintenance of GPF accounts is a serious matter and affects the balances in the GPF Accounts of the subscribers which could lead to less/ over payments to some subscribers.

(4) It is necessary that each transaction relating to GPF viz subscriptions’ refunds advance/withdrawal., credit of interest. transfer of GPF Accounts & settlement on final payment cases by the field offices are attended to in a timely and an efficient manner.

(4) All the Pr.CCAs/CCAs/CAs(IC) are requested to ensure strict compliance to procedural guidelines/instructions laid down in Civil Accounts Manual in this regard. A check-list of activities for proper maintenance of the GPF Accounts 1s enclosed with this OM as Annexure-A.

(6) It may also be ensured that Nominations as per Rule 5 of GPF (CS) Rules,1960 are obtained and accepted by the Head of Office concerned. A review in this regard be conducted and the matter taken up with the concerned Head of Office to obtain the same.

(Ashish Kumar Singh)
Dy. Controller General of Accounts

Annexure-A

Check List for maintaining GPF Account:

1. Maintain all records pertaining to GPF viz. Broad Sheet, ledger, Classified/consolidated Abstract & PBR as per laid down procedure in prescribed form. HoOs/DDOs may be asked to ensure that GPF details are maintained in manual PBR.

2. Review of Individual ledgers and investigation of missing credit/debits and adjustment thereof.

3. Proper checking of accounting for the subscriptions received through challan, the head of account; Check for any duplicity of the credits to avoid any overpayments.

4. Verification of interest calculation

5. Figures of debit and credit in GPF Broad sheet should tally with the Accounts, any mismatch to be tracked out with reasons and necessary adjustments effected in case of misclassification as per procedure.

6. Timely settlement of final payment cases on retirement. It may be ensured that GPF Accounts are properly settled and closed.

7. Dormant Account to be investigated and closed after proper scrutiny within a reasonable period to avoid the chances of any ambiguity in the subscriber’s GPF account.

8. Verification of all the particulars mentioned in Annual statement with the GPF ledger before issue.

9. To ensure the overall total booking made under GPF Head should tally with credit side inclusive of credit received through salary or challan, transfer in amount and interest accrued on the same Details of advance/withdrawal of GPF, amount of transfer out and amount of final payment made to this account

10.Month-wise total credits of subscribers needs to be tallied with schedules attached to salary bills/challans and posted in the Broadsheet subscriber wise.

11.In case of any mismatch in the figures posting in the accounts to be checked to track the discrepancies for rectification.

12. No entry is to be posted in account without the supporting instrument (Challan/Debit voucher/Cr. Schedules/salary bill).

13.Any transfer entry needs to be prepared with reasons and correct corresponding contra entry elected after verification of the related instruments.

14.Review of Transfer-in & Transfer-out cases. Every account should be thoroughly checked before making transfer out and in of GPF balance.

15.Details of GPF accounts without having nominations to be track out and the matter may take up with Head of Office to obtain the nomination by GPF Subscribers as per Para 6.2 of the CAM.

16.Reconciliation of closing balance of GPF with the opening balance of current financial voce for the Previous Financial year.

17.The work relating to GPF should be processed through the GPF module of PFMS by PAO, where PFMS is implemented, and check each entry properly.

18. The year-end total booking under head of GPF account should be tallied in credit side with total GPF credit received through salary or Challan, transfer in amount and amount credited as interest and debit should tally with total advance/withdrawal of GPF, amount of final GPF payment and amount of transfer out of GPF cases.

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Payment of Immediate relief to family of an employee who dies while in service in cash: FinMin OM 30.04.2021

File No: TA-2-03002(01)/6/2021 TA-II/383
O/o Controller General of Accounts
Ministry of Finance
Department of Expenditure
Mahalekha Niyantrak Bhawan
INA GPO Complex, New Delhi-110023

Dated 30th April, 2021

OFFICE MEMORANDUM

Subject: Payment of Immediate relief to family of an employee who dies while in service in cash – reg.

All payments to Govt. servants or payments above Rs.5000 to suppliers etc. are to be made by electronically signed payment advices tor direct credit to their bank accounts in accordance with the amendment of (Receipts and Payments), Rules, 1983.

2. In order to provide immediate relief in terms of Rule 79 and 80 of Compendium of Rules on Advances to Government Servants, 2005 as expeditiously as possible to the family member of the government servant who dies in service, in the unprecedented situation, DDOs of Ministries /Departments are, permitted to draw and disburse the eligible amount of relief In cash either from Imprest or from other sources or by drawing money from the Bank. DDO should ensure adjustment of this advance against the arrears of pay and allowances, leave salary, Death Gratuity, balance of GPF/CPF or any other payment due in respect of the deceased Govt. servant.

3. All the Pr.CCAs/ CCAs/CAs (IC) are requested to kindly Issue instructions to PAOs under their control tor information and necessary action.

This issues with the approval of Controller General of Accounts.

(Ashish Kumar Singh)
Dy. Controller General of Accounts

To
1. All Secretaries of Ministries /Departments
2. All Financial Advisers of the ministries / Departments
3. All Pr.CCAs/CCAs/CAs (IC) of the Ministries/ Departments
Copy for kind information to:
1. Secretary (Expenditure)
2. CGA.

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The rate of interest on various Small Savings Schemes has been revised for the first quarter of the fiscal year 2021-22, which begins on April 1, 2021, and ends on June 30, 2021.

F.No.1/4/2019-NS
Government of India
Ministry of Finance
Department of Economic Affairs
(Budget Division)

North Block, New Delhi
Dated: 31.03.2021

OFFICE MEMORANDUM

Subject: Revision of interest rates for Small Savings Schemes – reg.

In exercise of the powers conferred by Rule 9(1) of the Government Savings Promotion General Rules, 2018, the rtes of interest on various Small Savings Schemes for the first quarter of financial year 2021-22 starting from 1st April, 2021 and ending on 30th June, 2021 have been revised as indicated below:

*No change.

2. This has the approval of competent authority.

S/d,
(Rajesh Panwar)
Deputy Director (NS)
Tele – 01123093170

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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

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File No. M-51011/1/2020- CDN-CGA/ 1066
Ministry of Finance
Department of Expenditure,
Controller General of Accounts

Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi
Dated 13th January,2021

Office Memorandum

Subject: Standard Operating Procedure for Redressal of Public Grievances – reg.

In order to enhance the effective grievance redressal mechanism in the CGA office, a Standard Operating Procedure (SOP) for redressal of public/ pensioner’s grievances/ representations has been framed as under:

• (a) Coordination Section is the Nodal agency in CGA office to monitor the Public Grievances.
• (b) Jt. CGA (CDN) is designated as the Public Grievance Officer for the CGA office.
• (c) All grievance representations received in the CGA office, either by letter, email, fax, to be invariably routed through Public Grievance Officer (PGO) before they are sent to concerned sections/ divisions.
• (d) Grievances received other than through PG portal or emails, should be necessarily acknowledged, with an interim reply within 3 days of receipt.
• (e) All out efforts should be made to redress public grievances received through various means including PG portal within 30 days time frame.
• (f) In case it is anticipated that redressal of a grievance is likely to breach the timeline of 30 days, the reason/justification for the anticipated delay as well as the expected time by which the grievance would be redressed, should be intimated to the petitioner/ complainant. This may be done with the approval of the Jt.CGA concerned.
• (g) No grievance is to be rejected without the same having been independently examined at the level of Dy. CGA/ Jt.CGA concerned.
• (h) Grievance representations received in CGA Office pertaining to field offices/ CPAO shall immediately be forwarded to the Pr.CCAS/ CCAs/ CA(IC). The Grievance Monitoring Cell/ CDN Section shall monitor and follow up the matter at the appropriate level. A DO reminder shall be issued at the level of Jt. CGA after 15 days and the matter brought to the notice of Addl.CGA subsequently.
• (i) Grievances cases related to NTRP refunds shall be handled by GIFMIS-NTRP to take up the matter with the concerned office to ascertain refund status and ensure timely redressal as per timelines and escalation matrix.
• (j) PG portal has been launched by the Government for redressal of grievances faced by the general public. However, CGA office has been receiving a large number of grievances/ representations from Officers/ Officials of CGA organisation through PG Portal for redressal of administrative/ Service matters. Such submissions of representations directly to other authorities by-passing the prescribed channel of communication, may be forwarded by Coordination section to the concerned field offices indicating that appropriate action should be taken against those officers/ officials who have violated extant instructions in this regard. This may be taken as final disposal of the grievance by the Coordination section of CGA office.

2. To ensure prompt and effective redressal of grievance, the following time lines shall be adhered to:

Category A – Grievance relating to O/o CGA

Category B – Grievance relating to INGAF & CPAO

Category C- Grievances relating to Accounting formation of different Ministries.

3. In all categories A, B & C, if the reply/interim reply is not received from the section/ Ministry within the stipulated timeline reminder(s) are to be issued. The escalation matrix is as under:

Level to be escalated for subsequent follow up, if required

4. All Sections/ verticals and field units of Civil Accounts Oraganisation are requested to strictly adhere to the timelines set as per SOP.

5. This issues with the approval of Controller General of Accounts

(Dr. Richa Pandey)
Asstt. Controller General of Accounts

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F.No. 12(13)- B(W&M)/2020
Ministry of Finance
Department of Economic Affairs
( Budget Division )

New Delhi,
28th September, 2020.

OFFICE MEMORANDUM

Subject: Cash Management System in Central Government – Guidelines for expenditure control in Q3 (October, 2020 to December, 2020).

Attention of Ministries/ Departments is drawn to this Ministry’s O.Ms. of even number dated 8.4.2020 and 23.6.2020 regarding modified exchequer control based expenditure management under Cash Management system in Central Government.

2. With a view to manage the cash flows of the Government, it has been decided to retain and continue with the same expenditure management measures, stipulated for Q1 and Q2, for Q3 (October, 2020 to December, 2020) of FY 2020-21.

3. However, during Quarter 3, Demand No.6 – Department of Fertilizers, Demand No.19 – Defence Services (Revenue) and Demand No.20 -Capital Outlay on Defence Services are re-classified as Category ‘A’.

4, Other conditions stipulated in this Ministry’s O.Ms. dated 8.4.2020 and 23.6.2020, the details of which are given below, will continue to be followed:

• Monthly Expenditure Plan (MEP) for October, November and December will mirror the MEP stipulation that were spelt out for April, May and June 2020;
• Expenditure on ‘salaries’ and ‘pensions’ will be as per actual requirement and shall be within the overall limits prescribed under cash management guidelines;
• The amounts that remain unspent in a month will not be available for automatic carry-forward into the next month. The amounts that remained unspent in a Quarter will not be available for automatic carry-forward into the next Quarter. Specific approvals of Secretary, Department of Expenditure shall be
  obtained by the Ministries/ Departments for utilising these unspent amounts;
• Ministries /Departments while utilising their allocations shall take utmost care not to bunch up expenditures/ releases in a bid to improve their pace of expenditure leading to parking of funds. In this time of acute cash stress, utmost care may be taken to avoid releases that can contribute to idle parking of funds, and
• Items of large expenditure would continue to be governed by the guidelines issued in this Ministry’s O.M. F.No.12(13)-B(R)/2016 dated 21.8.2017.

5. This has the approval of Secretary, Department of Expenditure.

(Vyasan R)
Deputy Secretary (Budget)

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2nd Floor, Jeevan Deep Building, Parliament Street,
New Delhi, the 18th September, 2020

To

1. The MD & CEOs of all Public Sector Bunks. /
2. The Chairman, Public Financial Institutions‘Public Sector Insurance Companies.
3. The Chairman, State Bank of India, H.O. Mumbai.
4. The Chairman, LIC of India, Mumbai. .
§. The Chairman, Pension Fund Regulatory and Development Authority (PFRDA).
H.O. New Delhi,
6. The Chairman, Insurance Regulatory Development Authority (IRDA), HO. Hyderabad.
7 The CEO, IBA, Mumbai.
8. The Chief General Manager (HIRDD), Reserve Bank of India (RBD), Mumbai.

Subject: Exemption of Employees with Disabilities from roster duty due to COVID-19 situation- reg.

Madam / Sir,

In continuation of this Department’s letters of even number dated 07.04.2020, 29.04.2020 and 26.06.2020, I am directed to enclose herewith a copy of Department of Empowerment of Persons with Disabilities O.M. No.34-06/2020-DD-H1 dated 14.09.2020 on the above mentioned subject for information and compliance of the instruction issued therein.

Also check: Government servants who have underlying conditions were undergoing treatment before lockdown, may be exempted from roster duty

Yours faithfully,

(Arun Kumar)
Under Secretary to the Govt. of India
Tele: 23748725

Encls.- as above.

Copy for information to:-

Director(DD-II1), Department of Empowerment of Persons with Disabilities, Pt. Deendayal Antyodaya Bhawan, CGO Complex, New Delhi.

(Arun Kumar)
Under Secretary to the Govt. of India

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DoE – Financial powers were assigned to evaluate / approve all publicly supported schemes / projects to implement all new schemes / sub-schemes.

F.No.42(02)/ PFC-1/2014
Ministry of Finance
Department of Expenditure
PFC-I Division

North Block, New Delhi
Dated: 4th June, 2020

OFFICE MEMORANDUM

Subject: Appraisal and Approval of all Public Funded Schemes / Sub-Schemes – reg.

Reference is invited to DoE OM No.24(35)/PF-11/2012 dated 5-8-2016 vide which financial powers have been delegated for appraising/ approving all public funded schemes/projects. In terms of para 4(i) of the OM of even number, for initiating all new schemes/ sub-schemes , ‘in-principle’ approval will be taken from Department of Expenditure. It may be appreciated that in the wake of COVID-19 pandemic, there is an unprecedented demand on public financial resources, and a need to use resources prudently in accordance with emerging and changing priorities. However, many new proposals for ‘in-principle’ approval are being received from Ministries/ Departments.

2. In view of the circumstances prevailing in the current financial year, the undersigned is directed to convey the following:-

• No new proposal for a scheme/ sub-scheme , whether under delegated powers to Administrative Ministry including SFC proposals or through EFC should be initiated this year (FY 2020-21) except the proposals announced under the Pradhan Mantri Gareeb Kalyan Package, Atma Nirbhar Bharat Abhiyan package and any other special package /announcement. ‘In-principle’ approval for such schemes will not be given in this financial year.
• The initiation of new schemes already appraised/ approved in Financial Year 2020-21 under the delegated powers of the Administrative Ministries including SFC proposals (schemes upto Rs. 500 Crore) (exception as mentioned in (i) above), will remain suspended for one year till 31st March, 2021 or till further orders whichever is earlier. This is applicable for those schemes as well, for which ‘in-principle’ approval has already been given by Department of Expenditure. A list of all such schemes (as per the enclosed proforma) may be sent to DoE by FAs of the Ministries / Departments by 30th June, 2020.
• The continuation of all existing schemes will be governed by the DoE OM No. 42(02)/PF- 11/2014 dated 10-01-2020 by which an interim extension for all the ongoing schemes has already been given till 31st March, 2021 or till the date of recommendations of 15th Finance Commission come into effect, whichever is earlier. This is applicable for all the schemes, whether under delegated powers to Administrative Ministries/ Departments, through SFC or through EFC which the Ministry/Department wants to continue without changing their scope, nature, coverage and without creating any additional posts. It has also been reiterated therein that continuation of all schemes would be based on an outcome review based on evaluation. The continuing schemes need to be appraised and approved further for the period of 2021-22 to 2025-26 after 15th Finance Commission recommendations are accepted and resource position of public exchequer is clear. This would also be depend upon the evaluation and the outcome review.
• No funds may be released for schemes which are not in strict conformity to the instructions given above and also in terms of DoE OM No. 24(35)/PF-11/2012 dated 05-08-2016 and No. 42(02)/PF-11/2014 dated 10-01-2020, nor should budgetary provisions be made available by re-appropriation to such schemes.
• Any exception to the above guidelines shall require specific approval of the Department of Expenditure.

Also read: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors

3. This issues with the approval of Secretary (Expenditure).

(Dr. Shivalli M. Chouhan)
Director (PFC-I)

Download PDF – DoE

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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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RTGS systems – increase in operating hours

Office of the Controller General of Accounts
Ministry of Finance
Department of Expenditure

Mahalekha Niyantrak Bhawan
E Block, INA, New Delhi
Dated: 28th August 2019

No. S-11012/2/3(17)/RBl/2015/GBA/1468-1512

Office Memorandum

Sub:- RTGS systems – increase in operating hours

Please find enclosed herewith a letter No. DGBA. GBD. 438/41.07.001/2019-20 dated August 26, 2019 alongwith its annexure regarding increase in the operating hours of Real Time Gross Settlement (RTGS) with effect from August 26, 2019 received from Department of Government and Banks Accounts, Reserve Bank of India, Mumbai for information and necessary action.

Sd/-
(Hanumaiah.K)
Deputy Controller General of Accounts (AR&GBA)
RESERVE BANK OF INDIA
www.rbi.org.in

DGBA.GBD.No. 438/41.07.001/2019-20

August 26, 2019

The Controller General of Accounts
Office of the Controller General of Accounts
Ministry of Finance, Department of Expenditure

Mahalekha Niyantrak Bhawan
E Block, INA
New Delhi – 110 023

Dear Sir

RTGS System-Increase in operating hours

Reserve Bank of India has vide its circular DPSS(CO) RTGS No.364/04.04.016/2019-20 dated August 21, 2019 decided to increase the operating hours Of RTGS and commence operations for customers and banks from 7.00 am with effect from August 26, 2019 (copy enclosed).

It is informed that, in e-Kuber QPX, a business day is divided into 12 business sessions, starting from 8.00 am up to 8.00 pm. The system-based consolidation process is executed at the end of each business session for accounting as well as generation of the Credit Notifications for e-Receipts and Return Notifications for e-Payments.

It has been decided that with effect from August 26, 2019 an additional business session starting from 7.00 am has been added in e-Kuber QPX. Accordingly all e-Receipts and e­ Payments will be processed, system-based consolidation process will be executed for accounting as well as all notifications for Government a-Receipts and e-Payments will be generated and transmitted to Government for the additional business session also.

This is for your kind information please.

Yours faithfully

(L.S. Bhati)
Asstant Manager
Encl: As above

RESERVE BANK OF INDIA
www.rbi.org.in

RBl/2019-20/46

DPSS (CO) RTGS No.364/04.04.016/ 2019-20
August 21, 2019

The Chairman / Managing Director / Chief Executive Officer
of member banks participating in RTGS

Madam / Dear Sir,

Real Time Gross Settlement (RTGS) System – Increase in operating hours

A reference is invited to the circular DPSS / CO/RTGS No. 2488/04.04.016/2018-19 dated May 28, 2019 on ‘Real Time Gross Settlement (RTGS) System – Extension of Timings for Customer Transactions’.

At present, the RTGS system is available for customer transactions from 8:00 am to 6:00 pm and for inter-bank transactions from 8:00 am to 7:45 pm. In order to increase the availability of the RTGS system, it has been decided to extend the operating hours of RTGS and commence operations for customers and banks from 7:00 am.

The RTGS time window with effect from August 26, 2019 will, therefore, be as under:

1. This directive is issued under Section 10 (2) read with Section 18 of Payment and Settlement Systems Act 2007 (Act 51 of 2007).

Yours faithfully,
(P Vasudevan)

Sd/-
Chief General Manager

Source: CGA

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