NFIR

No. I/II/Part II

Dated: 16/09/2019

The Cabinet Secretary,
Rashtrapati Bhawan,
New Delhi – 110 004

Dear Sir.
Sub: Grant of increment on notional basis on 1st January & 1st of July to those employees retiring on 30th June / 31st of December – Apex Court order – reg.

Ref: NFIR’s letter No. I/II Part I dated 11/12/2018 addressed to Secretary (Pers), MoF (DoE).

Check this : Revision of Pension of Pre 2006 Pensioners

Kind attention is invited to Federation’s letter No. I/II/Part I dated 11/12/2018 sent to the Secretary, Ministry of Finance, Department of Expenditure relating to grant of increment on notional basis on 1st January & 1st of July to those employees retiring on 30th June/31st of December and urging to implement Apex Court order. Federation feels sad to mention that
though a period of about nine months has passed, action has not been taken to implement Honorable Supreme Court order. A copy of our letter dated 11/12/2018, mentioned ibid is enclosed for ready reference.

Federation requests the Cabinet Secretary to kindly intervene and see that benefit of increment on notional basis on 1st January & 1ss July is granted to those employees retiring / retired on 30th June / 31st December of the year and accordingly O.M. issued soon.

With regards,

Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary

Check this Pre-2006 pensioners who retired from the 5th CPC scale

Pursuant to the implementation of the recommendations of 6th CPC the Staff Side of National Council (JCM) had raised the demand, urging that the Central Government Employees including Railway employees who complete one year service as on 30th June and 31st December every year should be granted one increment notionally on 1st January or 1st July for calculating settlement benefit of those employees who retire on 30th June or 31st December each year. The Government however did not agree to the demand on the plea that allowing increment is not covered under the rules.

In the above context, NFIR desires to bring to the notice of MoF that the High Court at Madras was approached by some employees through With Petition No. 15732/2017 praying relief in the matter. On 15/09/2017,the High Court at Madras decided on the Writ Petition and passed order as follows:-

“Para-7 The Petitioner herein had completed one full year service as on 30/06/2013, that the increment fell due on 01/07/2013, on which date he was not in service. In view of the above Judgment of this Court, naturally he has to be treated as having completed one full year-of service, though the date of increment falls on the next day of his retirement. Applying the said one notional increment for the period from 01/07/2012 to 30/06/2013, as he has completed one full year of service, though his increment fell on 01/07/2013, for the purpose of pensionary benefits and not for any other purpose”

Against the above order of the High Court an SLP was filed by the Government of India before the Hon’ble Supreme Court, which was however dismissed by the Apex Court.

The legal position as established above clearly indicates that the employee who has completed one full year service as on 30th June or 31st December, as the case may be, should be granted one notional increment despite the fact that the increment falls on 1st July or 1st January of the year. The Federation cites following illustration to prove our contention:-

“An employee who has completed one full year of service as on 30th June (date of birth being 30th June or 1st July) and 31st of December (date of birth being 31st December or 1st January) is eligible to get one notional /increment for the period from 01/07/2018. Similarly an employee is eligible to get one notional increment for the period from ’01/01/2018 to 31/12/2018
even though the increment falls on 01/01/2019 whose date of retirement is 31/12/2018″.

NFIR, therefore, requests the Secretary, MoF to kindly consider the above points and see that instructions are issued to all Ministries/Departments to grant increment on notation basis to the staff in the situations mentioned above to calculate the terminal/retirement benefits and also revise these benefits in favour of those who have already retired. A copy of instructions issued may kindly be enclosed to the Federation.

Source: NFIR

The post Court order – Increment on notional basis to those employees retiring on 30th June / 31st of December appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F.NO.4-1/2019-U.3
Government of India
Ministry of Human Resource Development
Department of Higher Education
U.3 Section

Room No. 519, ‘C’ – Wing
Shastri Bhawan, New Delhi
Dated: April 05, 2019

To,
The Member Secretary,
Indian Council of Philosophical Research,
36, Tughlakabad Institutional Area,
Mehrauli Badarpur Road,
New Delhi

Subject: Revision of Pension/ family pension of Pre-01.01.2016 and Post 01.01.2016 retired employees of the Indian Council of Philosophical Research (ICPR), New Delhi – reg

Sir,
I am directed to refer to the Government’s decision regarding provisions regulating pension including the revision of pension/ family pension of Pre-01.01.2016 retired employees of the Indian Council of Philosophical Research (ICPR), New Delhi on the recommendations of 7th Central pay Commission issued vide Department of Pension and Pensioner’s Welfare O.M. No. 38/37/2016-P&PW(A) dated 04.08.2016, 12.05.2017, 06.07.2017, 18.07.2017 and 13.09.2017.

2. The DoP&PW (as per aforesaid OMs) has provided for following manner of revision of pension/ family pension:

As per 2nd formulation (recommended by 7th CPC), vide’ para – 4.1 of O.M. dated 04.08.2016, as follows:

For existing pensioners, who have retired before 01.01.2016 the revised pension/ family pension with effect from 01.01.2016 shall be determined by multiplying the existing pension/ family pension, as had been fixed at the time of implementation of 6th Central pay Commission (CPC) recommendations, by 2.57. The amount of revised pension/ family pension so arrived at shall be rounded off to next higher rupee.

As per 1st formulation (recommended by 7th CPC), vide para – 4 of O.M. dated 12.05.2017, as follows:

The pension/ family pension w.e.f. 01.01.2016 may be revised by notionally fixing the pay of pensioners in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which pensioners retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulae approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f. 01.01.2016 as per the first Formulation. In the case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.

3. The DoP&PW’s above mentioned OM dated 12.05.2017 vide para-5, further maintains that higher of the two Formulations i.e. the pension/family pension already revised in accordance with this Department’s OM No.38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/family pension as worked out in accordance with para 4 of OM dated 12.05.2017, shall be granted to pre-01.01.2016 pensioners as revised pension/family pension w.e.f. 01.01.2016. In cases where pension/family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/family pension as worked out in accordance with para 4 of OM dated 12.05.2017, the pension/family pension already being paid shall be treated as revised pension/family pension w.e.f. 01.01.2016.

4. Accordingly, the Indian Council of Philosophical Research (ICPR), New Delhi may workout the pension/ family pension of its pre-01.01.2016 pensioners/ family pensioners as per the formulations discussed above read with other principles enunciated in Department of Pension and Pensioner’s Welfare’s O.M. No. 38/37/2016-P&PW(A) dated 12.05.2017 and 06.07.2017 and subsequent OMs dated 18.07.2017 & 13.09.2017.

5. In the case of those employees who retired/died before 01.01.1986, the pension may be worked out on lines with these concordance tables given in Department of Pension and Pensioner’s Welfare OM No. 38/37/2016-P&PW(A) dated 06.07.2017 based on their notional pay as on 01.01.1986, which was fixed in accordance with this Department’s OM No. 45/86/97-P&PW(D)(iii) dated 10.02.1998.

6. The revision of pension and pensionary benefits such as gratuity etc. to those pensioners who retired on or after 01.01.2016 shall be done as per Department of Pension and Pensioner’s Welfare O.M. No. 38/37/2016-P&PW(A) (i) dated 04.08.2016. The revision of pension and pensionary benefits such as gratuity etc. are to be made applicable to only those who are already covered with the schemes which are in accordance with the similar schemes for Central Government employees.

7. This order is applicable in only those cases where such pension schemes have already been adopted with prior approval of Government of India/ Ministry of Human Resource Development (MHRD) and the benefits was applicable as per Sixth CPC.

8. In case the Council has fixed the pension in a manner different from the above formulations, the same may have to be reworked by the Council and necessary adjustment be made.

9. Any excess payment made on account of incorrect fixation of pension or any other excess payment made shall be adjusted/ recovered against the future payments due or otherwise to the beneficiary.

10. The Indian Council of Philosophical Research (ICPR), New Delhi is hereby advised to review its user charges for increase in its internal revenue generation to take up a part of the pensionary burden.

11. This issues with the approval of the Integrated Finance Division vide its note Diary No. 1025 dated 26.03.2019.

12. Hindi Version will follow.

(SanjayKumar Singh)
Under Secretary to the Government of India

Source: MHRD

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