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PCDA Circular 630 : Payment of arrear in the affected case of post 30.05.1998 retirees/death where enhanced rate of OFP

By
igeadmin
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PCDA Circular 630 : Payment of arrear in the affected case of post 30.05.1998 retirees/death where enhanced rate of OFP

Government of India
Ministry of Defence (Finance)
O/o THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 630

Dated: 14.02.2020

To

  1. The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
  2. All CMDs, Public Sector Banks.
  3. The Nodal Officers, ICICI/ HDFC/ AXIS/ IDBI Banks
  4. All Managers, CPPCs
  5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
  6. The PCDA (WC), Chandigarh
  7. The CDA (PD), Meerut
  8. The CDA Chennai
  9. The Director of Treasuries, All States
  10. The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
  11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
  12. The Post Master Kathua (J&K) and Camp Bell Bay.
  13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- Payment of enhanced rate of OFP in respect of JCO/ORs for a period of 7 years or till the Armed Force Personnel would attain the age of 67 years whichever is earlier irrespective of the fact that individual has availed the extended period of service before release/discharge or not –reg.

*********

Reference is invited to the GoI, MoD letter No. F. 14(3)/98/D(AG) dated 03.09.1998 under which revised age of retirement was extended for 2 years with effect from 30.05.1998. Accordingly applicability of enhanced rate of ordinary family pension was enhanced from 65 to 67 years age of service pensioner or 7 years after retirement whichever was earlier to the Armed Force Personnel, who have qualified in screening board and got extension of 2 years in service. Personnel who had not get extension due to this in their case, old provision was applicable and enhance rate of ordinary family pension was applicable upto 65 years of age of service pensioner or 7 years whichever was earlier.

2. Various pensioners association has represented that the orders of enhanced rate of Ordinary Family Pension are required modification (for grant of enhance rate of family pension upto 67 years instead of 65 years in non extension case also) on the issue as GoI, MoD letter No. 6(1)/99/D(Pen/Sers) dated 18.03.1999 does not debar the benefit of enhanced rate of ordinary family pension for those cases where extended term of engagement have not been granted by Screening Committee or were not availed for any other reason.

3. Now, the issue has been examined by the competent authority and it has been decided vide MoD ID No. 2338/D(Pen/Pol)/2015 dated 11.11.2019 that provision of enhanced rate of Ordinary Family pension, irrespective of retirement age and type of retirement, already exists and no separate Govt. orders are required.

Also Read : PCDA Circular 629 : Payment of enhanced rate of OFP for JCO/ORs for a period of 7 years

In terms of clarification received from MoD, it is stated that Armed forces personnel who have not get extension are also eligible for enhanced rate of family pension for 7 years or upto 67 years whichever is earlier.

4. In view of above, PDAs are hereby authorized to make the payment of arrear in the affected case of post 30.05.1998 retirees/death where enhanced rate of ordinary family pension was paid only upto age of 65 years instead of 67 years age of pensioner due to non extension of same or otherwise. Therefore, PDAs are requested to review all past cases of post 30.05.1998 retirees/death where enhanced rate of ordinary family pension was paid less than 7 years and stopped due to completion of 65 years age of pensioner. In such cases if arrear due of enhanced rate of ordinary family pension due to completion of 67 years age of pensioner or 7 years whichever was earlier, the same may be calculated and paid to the affected family pensioner. In case LTA are due, if family pensioner had died earlier before receiving it, same may be paid as usual manner.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.

6. Hindi version will follow.

No. Gts/Tech/0148/LX
Dated: 14.02.2020

(Sushil Kumar Singh)
(Addl.CDA(P)

Signed Copy

PCDA Circular 629 : Payment of enhanced rate of OFP for JCO/ORs for a period of 7 years

By
igeadmin
-

PCDA Circular 629 : Payment of enhanced rate of OFP for JCO/ORs for a period of 7 years

Government of India
Ministry of Defence (Finance)
O/o THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD – 211014

Circular No. 629

Dated: 14.02.2020

To,

The OI/C
Records/ PAOs (ORs)

Subject :- Payment of enhanced rate of OFP in respect of JCO/ORs for a period of 7 years or till the Armed Force Personnel would attain the age of 67 years whichever is earlier irrespective of the fact that individual has availed the extended period of service before release/discharge or not – reg.

Reference is invited to the GoI, MoD letter No. F. 14(3)/98/D(AG) dated 03.09.1998 under which revised age of retirement was extended for 2 years with effect from 30.05.1998. Accordingly applicability of enhanced rate of ordinary family pension was enhanced from 65 to 67 years age of service pensioner or 7 years after retirement whichever was earlier to the Armed Force Personnel, who have qualified in screening board and got extension of 2 years in service. Personnel who had not get extension due to this in their case, old provision was applicable and enhance rate of ordinary family pension was applicable upto 65 years of age of service pensioner or 7 years of service whichever was earlier.

2. Various pensioners association has represented that the orders of enhanced rate of Ordinary Family Pension are required modification (for grant of enhance rate of family pension upto 67 years instead of 65 years in non extension cases also) on the issue as GoI, MoD letter No. 6(1)/99/D(Pen/Sers) dated 18.03.1999 does not debar the benefit enhanced rate of ordinary family pension for those cases where extended term of engagement have not been granted by Screening Committee or were not availed for any other reason.

Also Read : PCDA Circular C-203 : Revision of pension of Pre‐2006 Pensioners who retired as NCC Whole Time Officers

3. Now, the issue has been examined at appropriate level and it has been decided vide MoD ID No. 2338/D(Pen/Pol)/2015 dated 11.11.2019 that provision of enhanced rate of Ordinary Family pension, irrespective of retirement age and type of retirement, already exists and no separate Govt. orders are required.

In terms of clarification received from MoD it is stated that Armed forces personnel, who have not given extension are also eligible for enhanced rate of ordinary family pension for 7 years or upto 67 years whichever is earlier.

4. In view of the above, it is requested that the future cases/claims may be dealt accordingly. In respect of past cases covered under this provision will be dealt by PDA for payment of arrears in affected cases.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.

6. Hindi version will follow.

(Sushil Kumar Singh)
Addl.CDA(P)

No. Gts/Tech/0148/LX
Dated: 14.02.2020

Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)
Room No. 222, B-Wingh, Sena Bhawan, New Delhi

Subject: Payment of enhanced rate of Ordinary Family Pension to the families of JCOs/ORs for a period of 7 years or till the Armed Forces Personnel would attain the age of 67 years whichever is earlier irrespective of the fact that individual has availed the extended period of service before release/discharge or not – reg.

Reference CGDA UO No. 5608/AT-P/FP/Vol.XXXIX dated 11.09.2019 on the above mentioned subject wherein it has been opined that provision of enhanced rate of OFP irrespective of retirement age and type of retirement already exists and no separate Govt. orders are required. CGDA have further requested that, if MoD agrees, PCDA(P), Allahabad may be instructed to issue clarificatory circular for information and guidance of ROs/PDAs.

2. This Ministry is agreed with the view of CGDA. It is, therefore, requested that a clarificatory circular may be issued in the matter under intimation to this Ministry.

3. This issues with the approval of Joint Secretary (ESW).

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

Jt. CGDA (P),
O/o CGDA, Ulan Batar Road, Palam, Delhi Cantt.

MoD ID No. 2338/D(Pen/Pol)/2015 dated 11.11.2019

Signed Copy

UFBU IBA Meeting 29.02.2020 Status

By
igeadmin
-

BIPARTITE TALKS WITH IBA TODAY – STRIKE ACTION DEFERRED

Further to our successful 2 days strike on 31st January and 1st February, 2020, today, one more round of bipartite talks was held in IBA office in Mumbai. IBA team was led by Shri Rajkiran Rai G, Chairman of the Negotiating Committee.

After a lot of discussions, the following points emerged today:

  • Offer on Pay slip cost increased to 15%.
  • The demand on 5 Day Banking will be taken forward by further discussions.
  • The demand for loading more than 2% will be considered by a Joint Committee of IBA and UFBU.
  • In addition to 15% offer, encashment of Privilege Leave at 5 days per year.
  • Improvement in Family Pension – matter recommended to Government, will be expedited.
  • On updation, IBA agreed that some improvement in the Pension would be worked out for the retirees of earlier settlements period by working out the cost.
  • Revised offer on PLI was given at 1.37%, 2.74% and 4.11%.

IBA agreed to discuss all other issues through further discussions. In view of these positive developments, all the agitational programmes including the ensuing 3 days strike from 11th March, 2020 stands deferred.

Source : http://aisbof.org/

7th CPC LTC : Emergency Passage Concession to employees serving in NER, Ladakh, A&N and Lakshadweep

By
igeadmin
-

7th CPC LTC : Emergency Passage Concession to Employees serving in NER, Ladakh, A&NI and Lakshadweep group of Islands

No. 31011/12/2015-Estt.(A-IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi-110001
Dated: February 28, 2020

OFFICE MEMORANDUM

Subject : LTC facilities to the Civilian employees of the Central Government serving in States of the North-Eastern Region, Ladakh region of State of Jammu & Kashmir and in Union Territories of Andaman & Nicobar Island and Lakshadweep Group of Islands – Implementation of recommendations of 7th CPC – clarification reg.

The undersigned is directed to refer to this Department’s O.M. of even no. dated 24.04.2018 on the subject noted above and to say that as per para 5 of the aforesaid O.M., civilian Central Government servants posted in North-Eastern Region, Union Territory of Ladakh, Andaman & Nicobar Islands and Lakshadweep groups of Islands, who leave their family behind at the old headquarters or another selected place of residence shall be allowed “Emergency Passage Concession” on two additional occasions during their entire service career to enable the Government employees and/or their families [restricted only to spouse and dependent children] to travel either to the Home Town or the station of posting in an emergency.

Also Read : DOPT Orders 2020

2. In this regard, this Department is in receipt of references seeking clarification as to whether the facility of “Emergency Passage Concession” is available to the Government servant for travel from the station of posting to Home Town only Or whether the Government servants can avail the facility to travel to the selected place of residence of family declared by them for the duration of their posting /transfer to these regions.

3. The matter has been considered in this Department in consultation with Department of Expenditure. It is clarified that “Emergency Passage Concession” can be availed by Government employees posted in North-East Region, Andaman & Nicobar Islands, Lakshadweep Islands and Union Territory of Ladakh to visit any one of the destinations, i.e. Home Town or any selected place of residence of the family declared by them for the duration of their posting/transfer to these regions.

(Surya Narayan Jha)
Under Secretary to the Govt. of India

Signed Copy

 

AICPIN for the month of January 2020

By
igeadmin
-

AICPIN for the month of January 2020

AICPIN for Jan 2020

No. 5/1/2020-CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

`CLEREMONT’, SHIMLA-171004
DATED: 28th February, 2020

Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – January, 2020

The All-India CPI-IW for January, 2020 remained stationary at 330 (three hundred and thirty). On 1-month percentage change, it showed no change between December, 2019 and January, 2020 when compared with the increase of (+) 1.99 per cent between December, 2018 and January, 2019.

The maximum upward pressure to the change in current index came from Housing group contributing (+) 2.38 percentage points to the total change which was offset by Food group with a negative contribution of 2.15 percentage points to total change. At item level, Rice, Wheat & Wheat Atta, Groundnut Oil, Mustard Oil, Vanaspati Ghee, Fish Fresh, Goat Meat, Dairy Milk, Fresh Milk, Milk Buffalo, Chillies Dry, Coconut, Cooking Gas, Fire Wood, etc. are responsible for the increase in index. However, this was offset by Onion, Arhar Dal, Brinjal, Cabbage, Carrot, Cauliflower, French Bean, Gourd, Green Coriander leaves, Lady Finger, Palak, Peas, Radish, Tomato, Toilet Soap, etc., putting downward pressure on the index.

Year-on-year inflation based on all-items stood at 7.49 per cent for January, 2020 as compared to 9.63 per cent for the previous month and 6.60 per cent during the corresponding month of the previous year. Similarly, Food inflation stood at 10.61 per cent against 12.22 per cent of the previous month and 0.97 per cent during the corresponding month an year ago.

At centre level, Haldia recorded the maximum increase of 34 points followed by Srinagar and Tiruchirapally (9 points each). Among others, 5 points increase was observed in 2 centres, 4 points in 4 centres, 3 points in 7 centres, 2 points in 2 centres and 1 point in 5 centres. On the contrary, Rourkela and Kolkata recorded a maximum decrease of 7 points each followed by Mercara with 6 points fall. Among others, 5 points fall was observed in 2 centres, 4 points in 8 centres, 3 points in 12 centres, 2 points in another 12 centres and 1 point in 6 centres. Rest of 12 centres’ indices remained stationary.

The indices of 35 centres are above All-India Index and 43 centres’ indices are below national average.

The next issue of CPI-IW for the month of February, 2020 will be released on Tuesday 31st March, 2020. The same will also be available on the office website www.labourbureaunew.gov.in.

(AMRIT LAL JANGID)
DEPUTY DIRECTOR

DA Calculation Sheet

Sanction for holding an elective office under Rule 15(1)(c) – Modification

By
igeadmin
-

Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964

F. No. 11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi –110001
Dated: 21 February, 2020

OFFICE MEMORANDUM

Subject : Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 – reg.

The undersigned is directed to refer to this Department O.M. No. 11013/1/2016- Estt.A-III dated 5.08.2019 (copy enclosed) to say that the competent authority has now approved the modification in Para 3 and Para 4 of the existing O.M. dated 5.08.2019. Para 3 and Para 4 of existing OM dated 5.08.2019 are modified as under:

“3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules, 1964. In cases where the Government servants have assumed charge of elected posts prior to the issuing of O.M. dated 5.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc.”

2. All Ministries/Departments/Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

3. In their application to the employees of Indian Audit and Accounts Department, these order are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution

4. Hindi version will follow.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India

Signed Copy

CGDA Circular for NPS to Old Pension Scheme

By
igeadmin
-

CGDA Circular for NPS to Old Pension Scheme

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110010

No. AN/XIV/14143/NPS/DAD/Vol.II

Dated: 25.02.2020

IMPORTANT CIRCULAR

To

All PCSDA/CsDA/PCA (Fys)
(Through CGDA Website)

Sub : Coverage under CCS (Pension) Rules 1972 in place of NPS for employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01 .2004.

A Copy of Government of India, Department of Pension and PW OM No. 57/04/2019-P&PW/(B) dated 17th February 2020 on the above subject is forwarded herewith for your information, guidance and compliance please. The OM may please be circulated within your organization and sub-offices for information of all the officers and staff members.

2. The instructions/ conditions laid down in the OM may please be strictly checked and confirmed from the service records of the individuals before processing the eligible cases.

3. Further, the timeline of 31.05.2020 given by the DoP&PW to the entitled individuals to exercise their option may please be adhered to.

Encl: As above.

Sd/-
(Rajeev Ranjan Kumar)
Dy. CGDA (AN)

Signed Copy

Re-classification of Mathura Vrindavan Municipal Corporation as ‘Y’ class city for HRA

By
igeadmin
-

Re-classification of Mathura Vrindavan Municipal Corporation as ‘Y’ class city for HRA

No, 2/412018-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

Dated, the 25th February, 2020
North Block, New Delhi

OFFICE MEMORANDUM

Subject :- Re-classification of Mathura Vrindavan Municipal Corporation as ‘Y’ class city for the purpose of grant of House Rent Allowance (HRA) – regarding.

The undersigned is directed to invite attention to this Ministrys O.M. No.2/5/2014-E.II(B) dated 21.07.2015 regarding re-classification/upgradation of cities on the basis of the population figures of 2011 census for the purpose of House Rent Allowance to the Central Government employees and to say that consequent upon combining of Municipal Council of Mathura and Municipal Council of Vrindavan and constitution of Mathura-Vrindavan Municipal Corporation vide Notification No.1799/9-7-17-8(Seema Vistar)/2016 dated 12.05.2017 of the Government of Uttar Pradesh, resulted in increase in .population and hence, Mathura-Vrindavan Municipal Corporation qualifies for classification as ‘Y class city/town for the purpose of grant of House Rent Allowance to the Central Government employees.

Also Read : 7th CPC House Rent Allowance

2. It has been decided that Mathura-Vrindavan Municipal Corporation shall stand classified as ‘Y class city/town for the purpose of grant of House Rent Allowance to the Central Government employees posted there,

3. These orders shall be effective from 1st March, 2020

4. The orders will apply to all civilian employees of the Central Government. The orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.

Also Read : Railway Board : Mathura-Vrindavan Municipal Corporation as “Y” class city for HRA

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller & Auditor General of India, as mandated under Article 148(5) of the Constitution,

(Nirmala Dev)
Deputy Secretary to the Government of India

Signed Copy (English)

Signed Copy (Hindi)

CAT OA – Financial upgradation under MACP

By
igeadmin
-

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH: BANGALORE

ORIGINAL APPLICATION NO.170/01707/2018

DATED THIS THE 31st DAY OF JANUARY, 2020

HON’BLE DR.K.B.SURESH, JUDICIAL MEMBER

HON’BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER

M.Lingaraju
S/o H.Manchaiah
Aged about: 59 years
Working as MTS
Basavanagudi HO
Bangalore-560004.
Residing at: No.117, II Main
III Cross, Kastribadavane
Kamalanagar
Bangalore-560079.

….Applicant

(By Advocate Sri P.Kamalesan)

Vs.

1. Union of India
Reptd by Director General of Posts
Department of Post Dak Bhavan
New Delhi-110001.

2.Post Master General
Bangalore Region
Bangalore-560001.

3.Chief Post Master General
Karnataka Circle
Bangalore-560001.

4.Senior Superintendent of Post Offices
Bangalore South Division
Bangalore-560001.

5.Senior Post Master
Basavanagudi HO
Bangalore-560004.

….Respondents

(By Advocate Sri M.Vasudeva Rao, Sr.PC for CG )

ORDER
(PER HON’BLE SHRI C.V.SANKAR, MEMBER (ADMN)

The case of the applicant is that he was engaged as a casual labour during the year 1984 and conferred temporary status from 1.12.1989. After completion of 3 years as Temporary status casual labour, he was treated on par with Group-D status from 1.12.1995 and he was posted as LR Group-D at Basavanagudi HO from 23.1.2009 and placed under new pension scheme. Aggrieved by placing him under new pension scheme, the applicant has filed OA.No.1436/2014 which was allowed by this Tribunal vide order dtd.16.6.2015 holding that the applicant was eligible to be placed under CCS Pension Rules 1972(Annexure-A1). The respondents challenged the said order before the Hon’ble High Court of Karnataka in WP.No.54224/2015 which was dismissed by the High Court vide order dtd.1.2.2016(Annexure-A3). Thereafter, the 3rd respondent issued orders dtd.1/4.7.2016 to comply with the orders of this Tribunal(Annexure-A4). The 4th respondent issued order dtd.22.7.2016 to modify the date of appointment of the applicant from 23.1.2009 to 1.12.1995(Annexure-A5). The applicant was granted 1st financial upgradation under MACP w.e.f. 1.9.2008 vide Memo dtd.16.8.2016 of the 4th respondent(Annexure-A6). Vide Memo dtd.16.8.2016, the applicant was granted 2nd MACP w.e.f. 17.12.2015. Thereafter, the 4th respondent issued orders dtd.12.2.2018(Annexure-A8) for modifying the date of appointment of the applicant from 1.12.1995 to 10.1.2012 and order dtd.3.7.2018(Annexure-A9) for withdrawing the 1st and 2nd MACPs. Then the applicant submitted a petition to the Secretary, Dept. of Posts, New Delhi on 4.7.2018 against the orders of the 4th respondent(Annexure-A10). Thereafter, the 5th respondent issued an order dtd.10.7.2018(Annexure-A11) to the applicant directing to credit the overpaid pay and allowances working out to Rs.2,06,491/- from 1.9.2008 to 30.6.2018 due to withdrawal of 1st & 2nd MACPs. The applicant submitted representation dtd.16.7.2018(Annexure-A12) requesting not to resort to any recovery. But the 5th respondent resorted to effecting recovery at the rate of Rs.5000/- per month from the salary of June, 2018(Annexure-A13). The applicant submits that the Hon’ble Apex Court in Civil Appeals No.1855-1857/1971 held that promotion/upgradation made on permanent basis and so reversion of the promoted/upgraded incumbents is violative of Article 311(2) of the Constitution of India(AnnexureA14). In Civil Appeal No.11527/2014(State of Punjab vs. Rafiq Masih), the Hon’ble Apex Court has declared that any recovery from Group C and D is impermissible in law(Annexure-A15). The applicant submits that the financial upgradations were withdrawn unilaterally without providing any opportunity of hearing which is in violation of principles of natural justice. Therefore, the order of modifying the date of appointment, withdrawing the financial upgradations under MACP and the order of recovery are arbitrary and unsustainable under law. Accordingly, the applicant has filed the present OA seeking the following relief:

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Grant of benefit of Increment on retirement – Court Judgement

By
igeadmin
-

WP-18030-2019
RAJENDRA PRASAD TIWARI Vs THE STATE OF MADHYA PRADESH

Jabalpur, Dated : 03-12-2019

Shri Prashant Singh, learned senior counsel assisted by Shri Anshul Tiwari, learned counsel for the petitioner.

Shri Deepak Kumar Singh, learned Government Advocate for the respondents-State.

Heard.

The petitioner has filed this petition under Article 226 of the Constitution of India seeking following relief:

(i) To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2015 to the petitioner.

(ii) To direct the respondents to pay the annual increment i.e. pay scale of 20440-5400 and arrears due from 01/07/2015 with interest of 6% per annum.

(iii) To grant any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

On 30.09.2019, learned counsel for the respondents was granted time to seek instructions as to how the petitioner can be refused the benefit of grant of annual increment which is to be added on 1st of July of every year, but, no response has been filed.

The petitioner was retired from service w.e.f. 30.06.2015. The increment, which was to be granted on 1st of July, 2015 was denied to him on the ground that he retired on 30.06.2016 and was not in service on 1st of July, 2015.

Learned counsel for the petitioner has relied upon a decision of the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal and others-WP No.15732/2017 decided on 15.09.2017, which was later on affirmed by the Supreme Court. Considering the law laid down by the Division Bench of the Madras High Court it is clear that the petitioner cannot be denied the increment which was due on 01.07.2015 merely because he got retired on 30.06.2015, since he has completed full years of service and was eligible to get the said increment. Since the case on which the petitioner is placing reliance is squarely covered with the case of the petitioner, nothing is required to be adjudicated in this petition.

Accordingly, the petition is allowed directing respondents to extend the benefit of annual increment to the petitioner which was due on 01.07.2015 and accordingly the retiral dues of the petitioner be revised and he be also paid arrears within a period of three months from submitting certified copy of this order.

Accordingly, this petition stands allowed and disposed of.

(SANJAY DWIVEDI)
JUDGE

Judgement Copy

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