OROP Case in Supreme Court

The following members attended:

1. Brig CS Vidyasagar President, in Chair
2. Cmde Sudheer Parakala Vice President
3. Col Dr GB Sethi General Secretary
4. Hony Capt B Joseph Joint Secretary
5. Col Srikatha Seshadri President, TSEWA (Karnataka)
6. WO Thiruchelvam President, TSEWA (Tamilnadu)
7. Col LM Manongba President, TSEWA ( North East)
8. Cmde Kuldip Sandhu President, TSEWA (Maharashtra)
9. Cdr Chandrashekhar Member
10. Cmde Ashok Kota Member
11. Lt Col Dr. K Bhaskar Reddy Member
12. Maj Dr. B Bhikshapathy Member

The President welcomed all present in the meeting and thanked them for their efforts to attend the virtual meeting. He requested the General Secretary to commence the proceedings.

Points of Discussion

Item No. I. OROP Case in Supreme Court: General Secretary informed that the final hearing of the OROP case has been postponed for a later date and hoped that something positive comes out.

Item No. II. Vaccination of ESM: General Secretary hoped that vaccination of ESM is likely to be started in March and requested Col Srikantha Seshadri to approach HQ ECHS for early clarification of the procedure for vaccination of ESM.

Item No. III. TSEWA Office Building: General Secretary informed TSEWA has received a donation of Rs 36000/. last week and approximately Rs 1.00 lakh during the month. President hoped that more donations will be received after sending another request from him to all members. Cmde Sandhu reiterated that an agreement should be signed with the developer/builder and advance be paid from the donations received and the balance may be paid from a loan from the corpus. The loan could be repaid from future donations or savings. The President directed that the Committee may examine various proposals and finalise at the earliest before the real estate prices go up.

Item No. IV. Election of TSEWA Executive Committee: General Secretary informed that elections will be conducted during the General Body Meeting scheduled in Jun 2021 and the recommendations of NEC made during the last meeting would be considered for approval during GBM if there are no fresh nominations / contestants.

Item No. V. Donation from Lt Col VRS Ramana Reddy: General Secretary appreciated the veteran Officer for donation of Rs 10000/- for TSEWA office building and a Dell Laptop to Miss Sandhya who is studying in Degree Course. The laptop was found in excellent condition and only the battery had to be changed by TSEWA.

Item No. VI. Office Expenditure: General Secretary informed that TSEWA has reduced its office expenditure from Rs 1.25 lacs to Rs 75000/. after the resignation of the previous accountant and the load shared by Sreenivasa Reddy and Anand. He proposed to transfer this saving Rs 50000/- per month to TSEWA Office Building Fund. Core Committee accepted the proposal.

Item No. VII. COVID Vaccination of ESM in North East: Col LM Manongba informed that the staff at their polyclinic has been administered with the first dose of vaccination and they have found no adverse effects of the vaccination.

Item No. VIII. TSEWA Madhuri Sewa Fund: Cmde Sudheer Parakala has informed that Rs 1.16 lakhs was received from Madhuri Seva Fund and disbursed among 5 student beneficiaries of Railway College.

Item No. IX. Pension as per Notional Pay Method: WO Thiruchelvam has pointed out that PCDA has not fixed the pension of few ESM as per the Notional Pay Method, which is greater than the pension from OROP Method. President Brig CS Vidyasagar had advised such ESM to approach AFTs once they are functional, as TSEWA cannot file the case on their behalf.

Item No. X. Pitiable case of a Quadriplegic ESM Sep Sathya Narayan Raju: President explained the horrible conditions of quadriplegic patients bedridden for life and could not stop his tears in emotion. He informed that Brig PT Gangadharan, who himself is a Quadriplegic patient, has brought out a case of an ESM whose daughter is not able to pay the college fees due to the pitiable condition of the family and requested the TSEWA Charity Division to consider the case sympathetically as and when they receive the details from Veteran Brig PT Gangadharan. Further, he assured that TSEWA shall put in its best to get the Special Family Pension entitled to the family.

Item No. XI: Temporary TSEWA Office Building: Hony Capt B Joseph has offered the first floor of his house for the office till TSEWA shifts to New Office Building being purchased, so that TSEWA can save on some rent for the building. Further he suggested that the proposed new building should be nearer to the area where maximum ESM are settled. However considering the proximity to the bank, a ground floor house has already been finalized and that the office would be shifted by 01 Mar 2021.

There being no further points, the meeting was closed at 11:20 AM.

Brig CS Vidyasagar (Retd)
President, TSEWA

The post Virtual meeting – Points of Discussion on OROP Case in Supreme Court appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Grant of notional increment/ re-fixation of pensionary benefits as per Hon’ble Madras High Court Order – BHARAT PENSIONERS SAMAJ appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

संख्‍या: PT/3088/ CGDA/Vol-IX

दिनांक: 03/09/2020

To

1. The Area Accounts Office(CC),
Allahabad
2. The Area Accounts Office(CC),
Kanpur
3. All AO GEs
4. THe OI/C
Pay I&II (Local)

Subject: Implementation of Government decision on the recommendation of 7th CPC Revision of pay and allowances and pension/gratuity/commutation of pension in r/o defence civilians (non DAD) who have relinquished service on a/c of retirement. Death etc. Between 01/01/2016 to 31/07/2016.

A copy of Hqrs letter bearing no. AT/II/2701/NE Def Civ/ Report-III dated 18/08/2020 alongwith prescribed proforma is forwarded herewith for furnishing the desired information immediately to this office for onward submission to Hqrs office. The desired information is about the progress of revision of pay aad and subsequent payments of pay arrears and difference of leave encashment in respect of defence civilians(non DAD) who have relinquished service on a/c of retirement, death etc between 01/01/2016 to 31/07/2016.

Also check: 7th CPC Night Duty Allowance at revised rates to Civilian Employees – MOD

As the report has already been delayed, it is therefore, requested to furnish the requisite information in the prescribed proforma immediately to this office through E-mail: pcdaccndad[@]gmail.com

Shatruhan Singh
Sr. Accounts Officer

Report showing progress of wor done in regard to implementation of CSD RP Rules 2016 in r/o NE Defence Civilians for the month of..

Source: http://pcdacc.gov.in/

The post 7th CPC Revision of pay and allowances and pension/ gratuity/ commutation of pension in r/o defence civilians non DAD appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
An Industrial unit of B.M.S
Recognised by Ministry of Defence, Govt of India

REF: BPMS / MOD / Pay Fixation / 60 (7/3/L)

Dated: 20.07.2020

To,

The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Notional pay fixation after currency of Minor penalty is over in case of ACP / MACP.

Sir,

With due regards, your attention is invited to the financial hardships being faced by the employees who are imposed with the minor penalty under CCS (RP) Rules, 1965 and during the currency of such penalty they become eligible for promotion or financial upgradation under ACP/ MACP. As per present system, the said promotion/ ACP/ MACP is actually granted with effect from the date of expiry of penalty period.

For example, the penalty of reduction of pay by one stage from the present Basic Pay of Rs. 15320 (Pay in pay band 12520 + GP 2800) to Rs. 14870 (Pay in Pay Band 12070 + GP 2800) for a period of one year without cumulative effect w.e.f. 05.12.2015 was imposed on a employee of Small Arms Factory, Kanpur as disciplinary measure. It was further directed that he will earn increment of pay during the period of reduction and that on expiry of this period, the reduction will not have the effect of postponing his future increment of pay.

Also check: Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

During the currency of penalty, he completed 10 yrs regular service in the same grade pay (GP 2800) on 01.01.2016. Hence, he became entitled for financial upgradation under MACP-III in the Grade Pay of Rs. 4200 but he could not be granted the MACP-III due to the currency of penalty. Meanwhile, consequent upon the acceptance of the recommendations of 7th CPC, the CCS (RP) Rules, 2016 was introduced and his pay was revised and fixed accordingly as Rs. 39200 in Level-5.

As per penalty order, he was granted his Annual Increment on 01.07.2016 and his reduced pay was re-stored on completion of the currency of the penalty of one year without cumulative effect. Thereafter, he was granted the benefit of MACP-III on 05.12.2016 in GP 4200 {Level-6 under CCS (RP) Rules, 2016} and his pay was fixed as Rs. 43600 in Level-6. After granting Annual Increment on 01.07.2017 his pay was fixed as Rs. 44900/-.

If he had not been awarded with the penalty of reduction of pay and MACP would have been granted then his pay would have been fixed Rs. 44900 w.e.f. 01.01.2016 and after granting Annual Increment on 01.07.2016 & 01.07.2017 his pay would have been fixed Rs. 46200 & 47600 respectively. Thus he is drawing less Basic Pay (46200 – 43600=Rs. 2600 per month from 05.12.2016 to 30.06.2017, 47600 – 44900 = Rs. 2700 per month from 01.07.2017 to 30.06.2018 and so on).

This difference of basic pay will also adversely affect his Pension, Gratuity and Leave Encashment on his superannuation in the year 2025. This loss is of permanent nature whereas the imposed penalty was having the without cumulative effect. This causes financial hardships and discontentment.

This financial hardship is due to implementation of instructions contained in DoP&T O.M. No. 22034/5/2004-Estt.(D), Dated 15.12.2004 which states that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the officer would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only. Even if a junior person to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed on promotion to the officer on whom a penalty was imposed, and there shall be no stepping up of his pay.

The above instruction also applies in case of granting of financial upgradation under ACP/ MACP. Hence, the hardship may be mitigated if the following is inserted/amended in the above OM dated 15.12.2004:

“The officer undergoing minor penalty (withholding of increments or reduction of pay without cumulative effect) will not be granted financial upgradation under ACP/ MACP during the currency of penalty but after completion of penalty the MACP as well as pay fixation will be granted ‘notionally’ from the date of eligibility (during the currency of penalty) and the actual financial benefit of such MACP as well as pay fixation will be granted after completion of penalty.”

Also read: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

You are requested to take appropriate action so that DoP&T may amend and insert as said herein above in the referred O.M. Dated 15.12.2004.

Thanking you.
Sincerely yours

(MUKESH SINGH)
General Secretary/BPMS &
Member, JCM-II Level Council (MOD)

The post BPMS – Notional pay fixation after currency of Minor penalty is over in case of ACP / MACP appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F.No .38/37/2016-P&PW(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

Lok Nayak Bhawan
Khan Market New Delhi
Dated 18.06.2020

OFFICE MEMORANDUM

Subject : Revision of pension of pre-2016 pensioners / family pensioners in implementation of Government’s decision on the recommendations of the 7th Central Pay Commission – Concordance Table Corrigendum regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 06.07.2017 on the subject mentioned above and to say that there is some error in the entries relating to the pre-revised pay of Rs.21820/- (6th CPC Grade Pay : Rs.5400/- 7th CPC Level-9) in Table 29 enclosed therewith.

Also check: Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/ unauthorized absence/ suspension as on 1.1.2016 and retired/ died thereafter without joining duty

2. It is requested that the existing Table 29 may be substituted by the enclosed Table 29. The revised entries have been shown in bold letters.

(R. C. Sethi)
Under Secretary to the Government of India

Table No.29

Scale of pay / Pay in the Pay Band & Grade Pay at the time of retirement

The post 7th CPC Concordance Table – Revision of pension pre-2016 pensioners/family pensioners appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Madras High Court Order – Notional increment of pensionary benefits appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F, No.A-26017/16/2019-Ad IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

North Block, New Delhi,
Dated the 18th March, 2018.

To,

All Pr. Chief Commissioners/Chief Commissioner of GST & Central
Excise/Customs/Directors General under CBIC.

Subject:- Representation for grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Hon’ble Madras High Court Order in WP No.15732 of 2017 in the case of Shri P. Iyyamperumal ys UOI and the Order of Hon’ble Supreme Court in SLP No.22283/2018 dated 23.07.2018 – regarding.

Sir/Madam,

I am directed to say that the above matter has been examined in the Board and after dismissal of SLP Dy. No.22283/2018 dated 23.07.2018, the matter was referred to DoP&T for their advice. DoP&T has advised to refer the matter to Department of Legal Affairs (DoLA) to explore the possibilities of review of the Hon’ble Supreme Court Order dated 23.07.2018 in the said SLP Dy. No.22238/2018. Hence, the matter has not attained finality as yet.

It is, therefore, informed that the final decision taken in the matter would be intimated in due Course as and when the matter attains finality.

Yours faithfully,

(Nagendra Kumar)
Under Secretary to the Government of India

Copy with enclosure to:-

1. DG. of System & Data Management – for uploading on the website of CBEC.

Source: www.cbic.gov.in

The post Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

EXAMPLES (JCOs/ORs)

(Reference – Para 15 of MoD letter No 17 (01)/2017(02)/D(Pen/Policy) dated 5th September 2017)

The post Example for JCOs ORs – 7th CPC Pension Revision – Notional Fixation DESW Order 05.09.2017 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

3 Floor, Lok Nayak Bhawan
New Delhi-10003.
Dated the 3rd April, 2013

OFFICE MEMORANDUM

Sub:- Revision of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies — stepping up of notional full pension w.e.f.24.9.2012.

Orders for revision of 1/3 restored pension of absorbees, who had drawn lumpsum payment on absorption, were issued vide this Department O.M of even number dated 15/9/2008 As per para 2A of the said OM, the full pension of the absorbees was notionally revised w.e.f. 1.1.2006 in accordance with the instructions contained in this Department OM. No.38/37/08-P&PW(A) dated 1.9.2008. The payment of DR and additional pension to old pensioners is regulated on the basis of the notional full pension.

2. Instructions have been issued vide this Departments OM No.38/37/08-P&PW(A) dated 28.1.2013 for stepping up of the pension of pre-2006 pensioners w.e.f. 24.9.2012. Accordingly, the notional full pension of the absorbee pensioners would also be stepped up w.e.f. 24/9/2012 in accordance with the instructions contained in the aforesaid OM dated 28.1.2013. No arrear of DR and additional pension on notional full pension would be payable for the period prior to 24/9/2012.

3. Instructions have been issued on issuance of revised authority in respect of pre 2006 pensioners vide this Department OM No.38/37/08-P&PW(A) dated 13.2.2013. These instructions will also be applicable for issuance of revised authority in respect of absorbee pensioners.

4. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID. No 1(5)/E.V/2012 dated 15.03.13 and with concurrence of office of CAG, vide their ID No. 26-Staff Hak(rules)/4-2013 dated 25.03.2013.

sd/-
(Harjit Singh)
Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/RevisionofPension_03042013.pdf]

The post Revision of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies — stepping up of notional full pension w.e.f.24.9.2012 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.