No.19/116/2024-Pers.Pol.(Pay)(Pt)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 14th October, 2024.

OFFICE MEMORANDUM

Subject: Grant of notional increment on 1st July/ 1st January to the employees who retired from Central Govt.service on 30th June / 31st December respectively for the purpose of calculating their pensionary benefits – regarding.

The undersigned is directed to say that in terms of Rule 10 of the Central Civil Services (Revise Pay) Rules, 2006, notified by D/o Expenditure vide Notification No.G.S.R.622 (E) dated 29.08.2008, date of annual increment was made uniform viz. 1st July of every year with effect from 01.01.2006. It was subsequently decided vide Rule 10 (1) of the Central Civil Services (Revise Pay) Rules, 2016, notified by D/o Expenditure vide Notification No.G.S.R.721 (E) dated 25.07.2016, that there shall be two dates for grant of increment namely 1st January and 1st July of every year.

2. Hon’ble High Court of Madras in its Order dated 15.09.2017 in W.P.No.15732 of 2017-P.Ayyamperumal Vs Union of India & Ors. allowed grant of notional increment to the petitioner on the day following the date of his retirement from service for the purpose of calculation of pensionary benefits. Judgement in the case of Shri P.Ayyamperumal was implemented in personam. Following this, D/o Personnel and Training (DOPT) received a number of representations from the employees who superannuated on 30th June/ 31st December claiming similar benefit. Large number of Court cases have also been filed before Hon’ble Administrative Tribunals, High Courts and Supreme Court on the subject matter.

3. The issue was examined in consultation with the nodal authorities concerned and with due regard to the relevant provisions in the Fundamental Rules (FRs) which regulate grant of increment to the Central Government employees. It is pertinent to note that FR 9(21) (a) defines ‘pay’ as the amount sanctioned to a Government servant for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre.FR 17 provides that subject to any exceptions specifically made in these Rules, an employee shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of that post and shall cease to draw them as soon as he ceases to discharge those duties. Further, FR 24 stipulates that an increment may be withheld from a Government servant if his conduct has not been good or his work has not been satisfactory. To summarise these Rule provisions, for availing the benefit of an increment on the date of its accrual, an employee should be in service, should have rendered satisfactory work and should have displayed good conduct during the period of qualifying service.

4. However, Hon’ble Supreme Court vide Order dated 11.04.2023 in Civil Appeal No.2471 of 2023 (@SLP (C) No.6185/2020) – Director (Admn.and HR), KPTCL Vs C.P.Mundinamani & Ors, upheld the Orders passed by the Division Bench of the Hon’ble High Court of Karnataka at Bengaluru in Writ Appeal No.4193/2017 allowing grant of one annual increment, which the original writ petitioners earned on the last day of their service for rendering services during preceding one year from the date of retirement with good behaviour and efficiently, for the purpose of calculating the retiral benefits. However, Union of India was not among the Parties in the said case.

and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. As specifically mentioned in the Orders of the Hon’ble Supreme Court, grant of the notional increment on 1st January/1st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits.

8. It may also be noted that these instructions are being issued in compliance of the Interim Orders dated 06.09.2024 of the Hon’ble Supreme Court in MA Dy.No.2400/2024 without prejudice to the legal stand of the Union of India in the matter and without prejudice to any change of law in this regard.Further, the action taken shall be subject to the final outcome of the Review Petition (Dy.No.36418/2024) pending before the Hon’ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024,

9. This issues with the concurrence of D/o Expenditure vide their Dy.No.08- 09/2019-E.III.A(Vol.III) (3969602) dated 08.10.2024 and D/o Legal Affairs vide Computer Dy.No.E 128445 dated 30.09.2024.

10. Hindi Version will follow.

(Mahesh Kumar)
Under Secretary to the Government of India

To
All Ministries/ Departments of Government of India.

Download DoP&T O.M. dated 14.10.2024 purpose of calculating their pensionary benefits

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No. 22/25/2024 -EC-X /145
Government of India
Director General
Central Public Works Department

Nirman Bhawan, New Delhi
Dated 09 August, 2024

Office Memorandum

Sub: Pension process map and time frame for those who are retiring on Superannuation – reg.

The undersigned is directed to state that all the stakeholders shall strictly follow the instructions/ directions (available at Pensioners’ portal) (copy enclosed) prescribed by Department of Pension & Pensioners’ Welfare, on the above cited subject, to avoid any delay in processing of pension cases.

2. This issues with the approval of competent authority.

Encl.: As above.

(Niianjan Karmakar)
Deputy Director Admin (VI)

Pension Process Map and Time Frame for those who are retiring on Superannuation

Note: For cases of retirement other than on superannuation, it is provided that PPO shall be issued within six months of submission of duly completed Form 5 or the date of retirement whichever is later.

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Cabinet

Cabinet approves Unified Pension Scheme

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, today approved the Unified Pension Scheme (UPS).

The salient features of the UPS are:

1. Assured pension: 50% of the average basic pay drawn over the last 12 months prior to superannuation for a minimum qualifying service of 25 years. This pay is to be proportionate for lesser service period upto a minimum of 10 years of service.
2. Assured family pension: @60% of pension of the employee immediately before her/his demise.
3. Assured minimum pension: @10,000 per month on superannuation after minimum 10 years of service.
4. Inflation indexation: on assured pension, on assured family pension and assured minimum pension
   
   Dearness Relief based on All India Consumer Price Index for Industrial Workers (AICPI-IW) as in case of service employees
   
   
5. lump sum payment at superannuation in addition to gratuity

1/10th of monthly emoluments (pay + DA) as on the date of superannuation for every completed six months of service this payment will not reduce the quantum of assured pension

PIB

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File no. 2/3/2023-EC-IV(SC) /190-E
Directorate General
Central Public Works Department
EC-IV (SC) Room No. 109 A Wing

Nirman Bhawan, New Delhi.
Dated the 20 February.2024

OFFICE MEMORANDUM

Subject: Grant of notional increment (as due on 1st Jan./ 1st July) to the officers/ employees superannuated on 31st Dec./ 30th June and revision of pensionary benefits.

The undersigned ts directed to invite the attention to the above-mentioned subject and to say that some retired CP WD officials through original application (OA) No.173/2021 (Arun Kumar Goyal & others) and 2244/2019 (Lal Chand Maurya & others) OA no. 2905/2023 (Sh. Surva Kant Rai. EE(Civil) & Others) approached the CAT for seeking the benefits of grant of notional increment. These retired officials had superannuated on 30th June and 31st December and their next date of increment was due on 01st of July and 01st of January following their respective date of superannuation. The applicants were aggrieved that their pension should have been fixed by counting the increment which was due immediately following their respective date of superannuation.

2. The Hon’ble CAT(PB) New Delhi pronounced its judgement in favour of the applicants vide order dated 15.07.2021 & 22.09.2023 respectively (copy enclosed). Department of Legal Affairs, M/o Law & Justice had advised to challenge the decision dated 15.07.2021 of CAT, PB. New Delhi in High Court of Delhi. Accordingly, a Writ Petition 2926/2022 was filed in the Hon’ble High Court of Delhi on 04.02.2022 after obtaining the approval of the competent authority.

3. Hon’ble High Court of Delhi issued an Order on 26.07.2023 after hearing the above Writ Petition and stated that:-

“Since we have disposed of similar writ petitions arising from the same order, we dispose of this petition stating that the parties shall be bound by the Judgement of the Supreme Court in Director (Admn. & HR) KPTCL (supra) Civil Appeal No. 2471 of 2023{[SLP (C) No.6185/2020). Petition Stands disposed of”.

4, Hon’ble Supreme Court of India in the matter of Civil Appeal No. 2471 of 2023[ SLP (C) No.6185/2020, The Director (Admn. and HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors] had announced in its Judgement dated | 1/04/2023 that*

“The Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs. 1.A. No. 149091/2022 stands disposed of in terms of the above”.

5. Since the order dated 26.07.2023 of the Delhi High Court referred to the Judgement of Supreme Court (Civil Appeal No. 2471 of 2023[SLP (C) No.6185/2020) and keeping in view the vast implications of the implementation of the judgement, it was decided to refer the matter to DoPT being the Nodal Department for seeking their comments/ advice through MoHUA tor furthers order in this case.

6. DoPT in its observation stated that “The matter has been examined in this Department. It is advised that in the instant case MoHUA may, in consultation with D/o Legal Affairs, take an administrative decision regarding compliance of the Order dated 26.07.2023 of the Hon’ble High Court of Delhi referred above.”

7. As per the advice of DoPT the matter was again referred to DOLA for its advice wherein DOLA advised as under:-

“Since the case at hand raises identical issue as that in the case of the KPTCL v. CP. Mundinamani, 2023 SCC Online SC 401 which has been decided in favour of the applicants by the Hon’ble Supreme court and has attained finality, it would not be a fit case for preferring an SLP against order dated 26.07.2023 passed by the Hon’ble High Court, Dethi and it is further advised that the order be implemented at the earliest so that there is no contempt proceedings initiated against the department.“

8. Accordingly, the matter was sent for the approval of Mo HUA (being the competent authority) for implementing the CAT Judgement dated 15.07.2021 & 22.09.2023. The MoHUA has approved the implementation of judgement of CAT in respect of CPWD petitioners for granting of one notional increment to the petitioners vide efile No. 9110820 dated 09/02/2024.

9. Therefore, the concerned offices of CPWD where the CPWD petitioner were posted at the time of their retirement, are advised to implement the Judgement of the CAT in its order (for OA NO. 173/2021; OA No. 2244/2019 and OA No. 2905/2023) dated 15.07.2021 & 22.09.2023 for all those CPWD officials who were party in this matter(list attached), after verification of the records of the petitioners.

10. This issues with the approval of Competent Authority.

(Kamkhanmang Palte)
Deputy Director (Admin.)-III

Copy to: (Through CPWD website)

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REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2471 OF 2023
(@ SLP (C) No. 6185/2020)

The Director (Admn. and HR) KPTCL & Ors. ..Appellant(s)

Versus

C.P. Mundinamani & Ors. …Respondent(s)

J U D G M E N T

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in Writ Appeal No. 4193/2017, by which, the Division Bench of the High Court has allowed the said appeal preferred by the employees respondents herein by quashing and setting aside the judgment and order passed by the learned Single Judge and directing the appellants to grant one annual increment which the respondents had earned one day prior to they retired on attaining the age of superannuation, the management – KPTCL has preferred the present appeal.

2. The undisputed facts are that one day earlier than the retirement and on completion of one year service preceding the date of retirement all the employees earned one annual increment. However, taking into consideration Regulation 40(1) of the Karnataka Electricity Board Employees Service Regulations, 1997 (hereinafter referred to as the Regulations), which provides that an increment accrues from the day following that on which it is earned, the appellants denied the annual increment on the ground that the day on which the increment accrued the respective employees – original writ petitioners were not in service. The writ petition(s) filed by the original writ petitioners claiming the annual increment came to be dismissed by the learned Single Judge. By the impugned judgment and order and following the decision of the Andhra Pradesh High Court in the case of Union of India and Ors. Vs. R. Malakondaiah and ors. reported in 2002(4) ALT 550 (D.B.) and relying upon the decisions of other High Courts, the Division Bench of the Karnataka High Court has allowed the appeal and has directed that the appellants to grant one annual increment to the respective employees-respondents by observing that the respective employees as such earned the increment for rendering their one-year service prior to their retirement.

2.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court, the management – KPTCL has preferred the present appeal.

6. The short question which is posed for the consideration of this Court is whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on the very next day of earning the increment?

6.1 In the present case, the relevant provision is Regulation 40(1) of the Regulations which reads as under: –

“Drawals and postponements of increments 40(1) An increment accrues from the day following that on which it is earned. An increment that has accrued shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from an employee by the competent authority, if his conduct has not been good, or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments.”

6.2 It is the case on behalf of the appellants that the word used in Regulation 40(1) is that an increment accrues from the day following that on which it is earned and in the present case the increment accrued on the day when they retired and therefore, on that day they were not in service and therefore, not entitled to the annual increment which they might have earned one day earlier. It is also the case on behalf of the appellants that as the increment is in the form of incentive and therefore, when the employees are not in service there is no question of granting them any annual increment which as such is in the form of incentive.

6.7 Similar view has also been expressed by different High Courts, namely, the Gujarat High Court, the Madhya Pradesh High Court, the Orissa High Court and the Madras High Court. As observed hereinabove, to interpret Regulation 40(1) of the Regulations in the manner in which the appellants have understood and/or interpretated would lead to arbitrariness and denying a government servant the benefit of annual increment which he has already earned while rendering specified period of service with good conduct and efficiently in the last preceding year. It would be punishing a person for no fault of him. As observed hereinabove, the increment can be withheld only by way of punishment or he has not performed the duty efficiently. Any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided. If the interpretation as suggested on behalf of the appellants and the view taken by the Full Bench of the Andhra Pradesh High Court is accepted, in that case it would tantamount to denying a government servant the annual increment which he has earned for the services he has rendered over a year subject to his good behaviour. Theen Titlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day. In the present case the word “accrue” should be understood liberally and would mean payable on the succeeding day. Any contrary view would lead to arbitrariness and unreasonableness and denying a government servant legitimate one annual increment though he is entitled to for rendering the services over a year with good behaviour and efficiently and therefore, such a narrow interpretation should be avoided. We are in complete agreement with the view taken by the Madras High Court in the case of P. Ayyamperumal (supra); the Delhi High Court in the case of Gopal Singh (supra); the Allahabad High Court in the case of Nand Vijay Singh (supra); the Madhya Pradesh High Court in the case of Yogendra Singh Bhadauria (supra); the Orissa High Court in the case of AFR Arun Kumar Biswal (supra); and the Gujarat High Court in the case of Takhatsinh Udesinh Songara (supra). We do not approve the contrary view taken by the Full Bench of the Andhra Pradesh High Court in the case of Principal Accountant-General, Andhra Pradesh (supra) and the decisions of the Kerala High Court in the case of Union of India Vs. Pavithran (O.P.(CAT) No. 111/2020 decided on 22.11.2022) and the Himachal Pradesh High Court in the case of Hari Prakash Vs. State of Himachal Pradesh & Ors. (CWP No. 2503/2016 decided on 06.11.2020).

7. In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs.

I.A. No. 149091/2022 stands disposed of in terms of the above.

[M.R. SHAH]
[C.T. RAVIKUMAR]

NEW DELHI;
APRIL 11, 2023

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No. TA-3-6/3/2020 -TA-III /CS-4308/127
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi

Dated 24.3.2023

OFFICE MEMORANDUM

Subject: Timelines for completion of various activities in the process of authorisation of pension/family pension and gratuity on retirement on superannuation of a Government servant and death while in service.

Reference is invited to timeline prescribed for processing and payment of pension/family pension, gratuity and other retirement benefits prescribed under CCS (Pension) Rules and issued by DoP&PW and O/o CGA. It has been noticed that payment of retirement benefits is getting delayed in many cases and  errors are also being reported in issuance of PPO.

2. In this regard, it is observed that PAO may receive number of pension/family pension cases where the pension forms are not properly filled and complete, particulars not furnished or authentication of HOO/DDO not given in the space provided, etc. These kinds of cases might have been returned to the concerned office for rectification / omissions which may result to delay in payment of pension/family pension. In this connection, it is advised that common errors noticed by PAO may be compiled and issued as internal guidelines. Accordingly, concerned HOO/DDOs may be advised to ensure due care while submitting pension/family pension cases to PAO so that pensioners/family pensioners get their dues well in time. PAOs may also be advised to fill all the columns of the PPO with due care.

3 It is further advised that, in case, delay is anticipated in payment of pension/ family pension, gratuity to the beneficiary concerned, then sanctioning authority may sanction provisional pension/ family pension/ gratuity to them, as per CCS (Pension) Rules,2021 so as to avoid hardship to the pensioner/family pensioner. In this matter, the provision enunciated under the Rule 65 of CCS (Pension) Rules, 2021 may be taken into account.

4. In view of above, all the Pr. CCAs/ CCAs/ CAs (/Cs) of the respective Ministries/Departments are requested to ensure that pension/family pension cases are processed within the prescribed timelines.

Sd//-
(Parul Gupta)
Dy. Controller General of Accounts

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O/o The Principal Controller of Defence Accounts(Pension), Draupadighat, Prayagraj – 211014.

Circular No. C-221

No. G1/C/0176/Vol-X/Tech
Dated 06.02.2023

To
(All Head of Department under Min of Defence)

SUB: (i) Timelines for completion of various activities in the process of authorisation of pension and gratuity on retirement on superannuation of a Govt. servant.

(ii) Processing of cases for authorization of pension/family pension in respect of a (i) a Govt. servant who is not in a position to submit the pension form on account of any bodily or mental infirmity, and (ii) a Govt. servant who dies after retirement without having submitted the pension forms.

Govt. of India, Ministry of PPG&P, Deptt. Of P& PW vide their OM No. 11(15)/2022-P&PW (H)-8363 (1) dated 28.10.2022 and OM No. 11(15)/2022-P&PW (H)-8363 (2) dated 28.10.2022 has issued provisions on the subject mentioned above. The following procedure may be adopted for processing of the case regarding timelines for completion of various activities in the process of authorisation of pension and gratuity on retirement on superannuation of a Govt. servant and authorization of pension/family pension in respect of a (1) a Govt. servant who is not in a position to submit the pension form on account of any bodily or mental infirmity, and (11) a Govt. servant who dies after retirement without having submitted the pension forms are summarized as follows:

A) Timeline for processing of a pension under CCS (Pension) Rules, 2021

(i) HOD (Head of Deptt) is required to have a list prepared by 15th day of every month, of all Govt. servants who are due to retire within the next fifteen months of that date.

(ii) Complete details regarding the Govt. accommodation to be obtained from Govt. servants at least one year before retirement and send these details, within 10 days to the Directorate of Estates for issuing a “No demand certificate” in respect of period preceding eight months of the retirement of the Govt. servant. If the Govt. servant is/was not occupation of any residential accommodation, HOO shall issue the “No Demand Certificate” on the basis of a declaration from the Govt. servant in this regard and after verification of the records and no separate “No Demand Certificate” from Directorate of Estates shall be necessary.

(iii) One year before the superannuation, the HOO will verify the service, make good the omission, imperfection or deficiencies in service .book. In order to ensure that the emoluments during last ten months of the service have been correctly shown in service book, the HOO shall verify the correctness of emoluments only the period of twenty four months preceding the date of retirement of a Govt. servant, and not for any period prior to that date. At least, eight months prior to the date of retirement of a Govt. servant, the HOO shall furnish to the retiring Govt, servant a certificate regarding the length of qualifying service and the emoluments/ average emoluments to be reckoned for retirement gratuity and pension and advise the retiring Govt. servant to submit/fill the required pension form. The Govt. servant shall submit the completed forms not later than six months prior to his date of retirement.

(iv) The HOO is required to send the pension forms to the AO within two months from the date of receipt of pension forms from the Govt. servant.

(v) On receipt of pension case the AO shall apply requisite checks and issue the pension payment order (PPO) not later than two months in advance of the date of retirement. In PPO, the AO shall indicate the name of spouse as family pensioner, the name of permanently disabled child/children, dependent parent and disabled siblings.

(vi) The AO shall forward a copy of the PPO duly digitally singed by him to the PDA (Pension disbursing authority) for taking necessary action to disburse the pension to the retired Govt. servant servant on the date on which it becomes due.

(B) (a) Processing of cases for authorization of pension/family pension in respect of a (i) a Govt. servant who is not in a position to submit the pension form on account of any bodily or mental infirmity..

Where the HOO 1s satisfied that the Govt, servant who retires, is not in a position to submit the pension forms on account of any bodily or mental infirmity, he may allow the spouse or in the case absence of spouse, the member of the family eligible to receive family pension on death of a Govt. Servant, to submit Form 4 and Form 6. If there is no member of the family eligible to receive family pension on death of Govt. servant, a member of the family in whose favour a nomination was made by the Govt. servant for payment of gratuity, may be allowed to submit the said form. No commutation of pension is admissible in such cases.

B (b) In case for authorization of pension, gratuity and family pension in respect of a Govt. servant, who has died after retirement without submission of pension form is required to be processed in the following manner.

In order to avoid any hardship to the family of a retired Govt. servant who dies without submitting the pension papers, it has been decided by Deptt. Of P&PW vide their OM No. 11(15)/2022-P&PW (H)-8363 (2) dated 28.02.2022, that following procedure may be adopted for processing of the case for sanction of pension/family pension to his/her family.

(i) The HOO shall allow the spouse or in the case absence of spouse, any other member of the family eligible to receive family pension on death of a Govt. servant, to submit the claim in Form 10 along with Form 4 and an undertaking to the bank in Format 9. If there is no member of the family eligible to receive family pension on death of Govt. servant, a member of the family in whose favour a nomination was made by the Govt. servant for payment of gratuity, shall be allowed to submit Form 6 in place of Form 10 and the said member of the family shall indicate , the details of his or her Bank account in Form 6.

(ii) The HOO shall fill up Form 7 for payment for pension and retirement gratuity in respect of the deceased retired Govt. servant and he shall also make an indication in Form 7 to the effect that the case pertain to a_ retired Govt. servant, who did not submit Form 6 and other documents before his death and if a claim for family pension has been submitted in Form 10, the HOO shall also issue a sanction in Format 13 for authorization of family pension to the eligible member of a family.

iii) The HOO shall send Form4 ,Form7, Form10 or Form 6, as the case may be, Format 9 and Format 13 (if applicable) with a forwarding letter in Format 10 to the Accounts Officer for authorization of pension, retirement gratuity and family pension, if applicable.

(iv) The AO shall authorize the pension ,retirement gratuity and family pension (if applicable) in PPO and he shall also authorize the HOO to make payment of arrears of pension for period from the date following the date of retirement up to the date of death to the member of the family who is authorized to receive family pension. If there is no member of the family eligible to receive family pension, the arrears of pension shall be paid to the member of the family who has been authorize to receive retirement gratuity.

(v) If a family pension has been authorized to a member of the family, the Accounts Officer shall forward a copy of the PPO duly digitally singed by him to the PDA (Pension disbursing authority) along with the undertaking in Format 9 for taking necessary action to disburse the family pension.

In view of the above, all Head of Departments are requested to issue suitable instructions (along with copy of this circular) to all the Head of Office under their administrative control to ensure the compliance of above provisions.

[ Available on this office website pcdapension.nic.in]|

(S K Tripathi)
ACDA(P)
No. G1/C/MISC/Vol-X/Tech

Dated 06.02.2023
Enclosures:- As above

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Latest DoPT Orders 2022

e.No.11019/06/2022 -AIS-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 27th October, 2022

To,

The Chief Secretaries of all the States / UTs,

Subject: Payment of leave encashment in respect of AIS officers who were under suspension or disciplinary / criminal proceeding (s) pending against them at the time of retirement / superannuation – reg.

Sir/Madam,

I am directed to refer to various references received in the Department seeking clarification on the subject noted above and the scope of applicability of 20A(4)(a) of AIS (Leave) Rules, 1955.

2. In this context, it may be noted that 20A(4)(a) of AIS (Leave) Rules, inter-alia, mentions about payment of cash equivalent of leave salary of the applicable leaves standing at the credit of a member of Service (moS), who has been permitted by the State Government to voluntarily retire from service while under suspension or who is retired by the Central Government in public interest while under suspension.

However, reference are being received in this Department seeking clarifications regarding payment of leave encashment to such members of service who were under suspension or against whom the disciplinary/criminal proceeding (s) were pending at the time of retirement / superannuation.

3. In view of the above, the matter has duly been examined under AIS (Leave) Rules, 1955 and other relevant rule provisions / instructions. Accordingly, it is clarified that “In case of a moS who is under Suspension or against whom Disciplinary / Criminal Proceedings are pending at the time of his retirement / superannuation, the authority competent to grant leave may withhold whole or a part of leave encashment, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any”.

4, The aforesaid clarification may kindly be brought to the notice of all officials / authorities concerned for necessary action.

5. This issues with the approval of Competent Authority.

Yours faithfully,

(Ram Lakhan)
Under Secretary to the Government of India

Payment of leave encashment in respect of AIS officers who were under suspension or disciplinary / criminal proceeding (s) pending against them at the time of retirement / superannuation – DoPT

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Government of India
MINISTRY OF FINANCE
(Department of Economic Affairs)

New Delhi, the 3rd January, 2022

NOTIFICATION

F. No. 5(4)-B(PD)/2021. – It is hereby notified that the deposits made under the Special Deposit Scheme for Non-Government Provident, Superannuation and Gratuity Funds, announced in the Ministry of Finance (Department of Economic Affairs) Notification No.F.16(1)-PD/75 dated 30th June, 1975, shall with effect from 1st January, 2022 to 31st March, 2022 bear interest at 7.1% (seven point one percent). This rate will be in force w.e.f. 1st January, 2022.

Sd/-
(Ashish Vachhani)
Joint Secretary to the Govt. of India.

Interest Rate on Special Deposit Scheme for Non Govt PF from Jan to March 2022

The post Interest Rate on Special Deposit Scheme for Non-Govt PF, Superannuation and Gratuity Funds from Jan to March 2022 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Court Case/ Priority

F.No.2-14/ 2020-PAP
Ministry of Communications
Department of Posts
[Establishment Division/ P.A.P. Section]

Dak Bhawan, Sansad Marg,
New Delhi-110001.
Dated: 01.01.2021

To

All Head of Circles

Sub: Court cases relating to grant of one Notional Increment to employees who have completed one year of service as on their retirement on Superannuation falling on 30th June of various year and further revision in Basic pension and pensionary benefits thereof.

This is regarding various court cases on the above mentioned subject filed by retired employees of this Department before various Tribunals. This section is also in receipt of representations from retired employees of the similar subject matter. Department of Personnel and Training has issued some guidelines and instructions on the subject matter, the same was circulated to all HOCs by pension section letter No 100-10/2018-Pen dated 20.01.2020.

2. In the meantime some circles have forwarded the decisions of various Tribunals for seeking further guidance for implementation of orders etc. The whole issue has been examined in the light of guidelines/ instructions issued by nodal ministry DoPT in such cases.

3. In this regard, I am directed to forward herewith copy of Department of Personnel and Training, OM 1411655/2020-Estt (Pay-IT dated 18.02.2020, requesting to defend/ challenge the cases on behalf of Union of India , keeping the observations of DoPT in view.

4. It is hence requested to defend/challenge the cases in consultation with Government Counsel, keeping the observations of DoPT in view. Individual representations/ referred cases in this regard may be addressed as per the guidelines of DoPT It is also requested to keep this Directorate apprised about further development in these cases periodically.

Also check: Notional Increment on retirement 30th June DoPT – Madras High Court Order

DA: As above

(D. Trigaths)
Assistant Director General (Estt.)

Download grant of one Notional Increment PDF

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