Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits

Annual increment next day of superannuation

BSNL

BHARAT SANCHAR NIGAM LIMITED
[A Government of India Enterprise]
Corporate Office, Taxation Section

First Floor, Bharat Sanchar Bhawan
Janpath, NewDelhi-110 002
Dated: 18.02.2020

No.48-2 / 2021-Pen (B)

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores /Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits – Guidelines regarding.

Sir,

Of late, this Office has been receiving many Court Cases as well as letters from various Telecom Circles seeking guidelines for disposal of representations received from retired employees, regarding grant of national increment falling due on the next day of superannuation/ retirement etc. for the purpose of pensionary benefits.

2. . In this regard , I am directed to forward herewith DOP&T O.M . No. 19/2 /2018-Estt (Pay-I) dated 03/02/2021 , along with its enclosures, with regard to grant of 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.

3. DOP&T vide its aforesaid O.M has mentioned that 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 is in personal in nature. In this regard, a brief note reflecting the Government’s stand on the instant issue has been attached as Annexure-1.

4 . Further, it has been mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgement dated 29/03/2019, while dismissing the SLP (C) Dy. No. 6468/2019 filed by DOT against the judgement dated 03/05/2017 of Hon ‘ble High Court, Lucknow Bench in W .P. 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 day s in filing the special leave petition. We don’t see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

5. Since the question of law on the instant issue is open and not yet decided, the decision for implementation of the judgment 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.

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

5. Accordingly, all the Telecom Circles/ Other Administrative Units/Cadre Controlling Units of BSNL Corporate Office are requested to dispose of the grievances/ representations received from various retired employees of BSNL in the light of the aforesaid guidelines issued by DOP&T. Further, where Court Cases have been filed by the retired employees in various Courts of Law, for grant of notional increment after retirement for pensionary benefits, it is, requested to defend these Courts cases in the above light and also to suitably incorporate the guidelines issued by DOP&T vide it’s O.M. dated 03/02/2021 while preparing the Counter Reply in such cases. Further, since the issue involves grant of pension and pensionary benefits, all the Telecom Circles/Administrative Units are requested to consult the concerned CCA Unit, while defending the Court Cases pertaining to their respective Circle/ Unit.

This issue with the approval of the Competent Authority .

Enclosures: As above .

Yours faithfully,

(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt)

Click to download the Court Case

Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

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, because he would not answer the tests in these Rules

File No.PC-VI/2018/ R-I/1 -Part(1)
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

NO. PC V1 / 2018/R-I/1 Pt.

 

New Delhi, dated 21.05.2020

The General Manager
All Indian Railways and Production Units
(As per standard mailing list)

Sub: Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

A number of representations are being received in this office seeking grant of one notional increment as due on 1st July in favour of employee retiring on 30th June before drawing the same, exclusively for the purpose of pensionary benefits.

Also check: 7th Pay Commission Annual Increment

2. As the Railways are aware, the annual increment is granted to railway employees on completion of laid down qualifying service for the purpose. Based on the recommendations of the Sixth Central Pay Commission, as accepted by the Government of India, Railway Services (Revised Pay) Rules, 2008 were notified on the lines of Central Civil Services (Revised Pay) Rules, 2008. As per Rule 10 of above Rules, it was stipulated that there will be a uniform date of annual increment, viz. 1st July of every year and the employees completing 6 months and above in the revised pay structure as on 1 of July will be eligible to be granted the increment. There has been no change in the above rule / extant policy so as to enable grant of increment (notional or actual) on 30th June, where it was due on the following 1st July.

3. In the various representations being received in this office, certain Judgments in the case of Shri Ayyamperumal, an employee of Department of Revenue are being cited. As the details of above court matter and policy decision of concerned nodal departments were not available in this office, the matter was referred to concerned departments of Government of India seeking their advice / guidelines.

4. DOP&T vide their O.M dated 11.11.2019 have stated that the Judgment passed in the case of Shri P. Ayyamperumal is in personam. Further, the judgment pronounced by Hon’ble High Court of Madras in P. Ayyamperumal case, as endorsed by Hon’ble Supreme Court, is based on the decision in the case of M. Balasubramaniam, which was related to Fundamental Rules of State Govt. However Central Government employees are governed by Central Government Rules. Further, Hon’ble High Court of Andhra Pradesh at Hyderabad in C. Subbarao case has inter-alia observed that “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, because he would not answer the tests in these Rules.” A copy of DOP&T O.M dated 11.11.2019 is enclosed herewith.

5. The Railways are therefore advised to take further necessary action to dispose off the pending representations on the issue based on above position and advice of DOP&T. The pending court cases may also be defended accordingly. Further, in case any clarification / inputs are required relating to railway Fundamental Rules and Railway Pension Rules, Finance (Estt.) dte. may also please be consulted being the nodal directorate on these aspects. This issues with the approval of DG/HR, Railway Board.

DA: As above

(U. K. Tiwari)
Joint Director, Pay Commission
Railway Board

Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019

Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019

Text of the Supreme court judgement follows:

IN THE SUPREME COURT OF INDIA

INHERENT JURISDICTION

R.P.(C) No. 1731/2019 in S.L.P. (C) No.22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS
P. AYYAMPERUMAL
Respondent(s)

O R D E R

Delay in filing the Review Petition is condoned.

This review petition has been filed against Order dated 23rd July, 2018 whereby the Special Leave Petition was dismissed.

We have considered the review petition on merits. In our opinion, no case for review of Order dated 23rd July, 2018 is made out. Consequently, the review petition is dismissed on merits.

Pending application filed in the matter also stands disposed of.

(N.V. RAMANA)

(DEEPAK GUPTA)

NEW DELHI;

8TH AUGUST, 2019.

Digitally signed by

VISHAL ANAND

Date: 2019.08.09

16:55:01 IST

ITEM NO.1004

SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

R.P.(C) No. 1731/2019 in SLP(C) No. 22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS

P. AYYAMPERUMAL

Respondent(s)

(FOR ADMISSION and IA No.98411/2019-STAY APPLICATION and IA No.98414/2019-CONDONATION OF DELAY IN FILING REVIEW PETITION )

Date : 08082019 This petition was circulated today.

CORAM :
HON’BLE MR. JUSTICE N.V. RAMANA
HON’BLE MR. JUSTICE DEEPAK GUPTA

By Circulation
UPON perusing papers the Court made the following

O R D E R

Delay in filing the Review Petition is condoned.

The review petition is dismissed on merits in terms of the signed order.
Pending application filed in the matter also stands disposed of.

(VISHAL ANAND)

COURT MASTER (SH)

(RAJ RANI NEGI)

ASSISTANT REGISTRAR

(Signed Order is placed on the file)

Message by JVSR Krishna – 9441903448 (jvsrkrishna@gmail.com)

Flash….Flash….Flash…..Flash,

Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019 judgement dt.8th Aug. 2019 filed by the Government, indicated based on the merit, review petition submitted by Government was dismissed. Now, the national forums responsibility is to insist the government to implement the same to all the central government servants who are similarly placed, instead of everybody approaching the court of law for justice and it is shear waste of money and time.

Source: SUPREME COURT ORDER