GRANT OF NOTIONAL INCREMENT FOR PENSIONERS RETIREDOR RETIRING IN JUN OR DEC

[Brig Narinder Dhand]

Dear Veterans,

 

1.  In case you you were to get your Next increment on 30 Jun or 31 Dec  of the year but you retired that day (Obviously your the DOB fell in JUNE  or DEC  for Normal retirement) as such were not given the increment despite the fact that you worked for all the 30 days in June or 31 days in Dec, here is THE GOOD NEWS FOR YOU

In case of many officers they were denied even the stagnation increment if it fell due on the day of your retirement  on  30th June or 31 Dec.

  We hope the MoD will soon issue its directions based on    the following  policy  letter   from DOPT,     Govt of India.

 

QUOTE

Granting notional increment for pensionary benefits to CG 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

 

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.

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
Tel. No.011-23094542

 

UNQUOTE

 

 

 Please do write to AG’s Branch and corresponding branched is Aior and Naval HQs in case you are effected by this order.

 

ब्रिगेडियर_नरेन्द्र_ढंड
Brig Narinder Dhand (Veteran)
Founder and Convener
Veterans Portals-Armed Forces
http://signals-parivaar.blogspot.com
Be informed and empowered.