Dopt Orders on Notional Increment

The DoPT order dated 22nd November 2022 regarding the grant of notional increment to the employees retired on 30th June after completing one year of service. The Office Memorandum is signed by the Under Secretary to the Government of India explained the status of grant of notional increment on 1st July or 1st January to the Central Government employees having their date of increment on 30th June/31st December respectively, the subject matter is under examination, in consultation with the nodal Ministries/Departments concerned.

After the releasing the DoPT clarification order dated 22nd November 2022, it seems the issue of granting notional increment to the employees on 30th June after finishing one year of service may be settled soon! If the Central Government release the one increment order, the calculation will little bit hard to calculate the arrears for the beneficiaries!

The important aspects of Hon’ble Delhi CAT Court has given the Judgement issued on 15.7.2021 are as follows…

(a) for such of the employees, who retired on 30th June of any particular year, increment payable on 1st July shall be extended. Their pensions shall also be revised, subject to their fulfilling other conditions which are applicable. The arrears that become due shall be paid without interest;

(b) Similarly for employees, who retired on 31st December of a particular year, the increment payable on the 1st January of the next year shall be extended and pension revised, subject to same conditions in the same manner.

(c) While extending such benefits, a clause shall be incorporated to the effect that in case the Hon’ble Supreme takes a different view in the Civil Appeal arising out of SLP No. 4722/2021, they shall be under obligation to refund the entire benefit without any demur.

The direct meaning of ‘Notional’ is hypothetical. An employee deserves to be admissible for an annual increment after completion of one year, but he should have to present his presence on duty to the next day or further.

Until 01.01.2006, the date of implementing the employee’s annual increment was fixed on the basis of his/her date of appointment or promotion option. After the 6th CPC, it was decided that 1st July of each year would be the uniform date of implementation of annual increment for all Central Government employees. Employees who are appointed after January 1st are not eligible for that year’s annual increment on July 1. They qualify for annual increments only the next year.

In cases where a person has been selected for regular appointment and before formally taking over charge of the post for which selected the person is required to undergo training, training period undergone by such a Govt. servant whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increments.

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The Minister of State for Personnel, Public Grievances and Pensions Dr.Jitendra Singh replied in Parliament on 5th August 2021 regarding the National Increment for Pensiners who retired on 30th June in different years.

CAT, Allahabad Bench in its Order dated 26.2.2021 in O.A. No.330/00146/2020 has, interalia, observed that the matters relating to pay fixation are governed by uniform policy of the Government and therefore any judgment in these matters are always in rem and cannot be interpreted as judgment in personam. Department of Revenue, Respondent No. 1, has informed that the Order dated 26.2.2021 in O.A. No.330/00146/2020 has been challenged vide Writ Petition WRIA 7911/2021 before Allahabad High Court, Allahabad.

Several judgments/orders on the matter of grant of notional increment to those Central Government servants who have retired on 30th June/31st December, have been pronounced by Courts/CATs. The order dated 23.07.2018 and dated 08.08.2019 of the Supreme Court relating to the judgement dated 15.09.2017 of High Court of Madras in W.P. No.15732 of 2017 in case of P. Ayyamperumal was considered as ‘in personam’ and not ‘in rem’.

On the other hand, in a similar case on the same subject matter, vide judgement dated 29.03.2019, while dismissing the SLP(C) Dy. No.6468/2019 in the case of UoI vs. Sakha Ram Tripathi, the Supreme Court has kept the questions of law open. Further, in the matter of Ministry of Railways wherein CAT, Bengaluru Bench have allowed grant of notional annual increment to an employee who superannuated from service on 30.06.2014, the Supreme Court, in SLP(C) No.4722/2021, vide order dated 05.04.2021, has stayed operation of the said Order dated 18.12.2019.

The Lakshadweep Administration published order regarding the calculation of Gratuity and Cash payment in lieu of leave for Central Government employees retired during the period from January 2020 to 2021. And the grant of benefit of one notional increment (As due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same.

Arrears Calculation on Basic Pension and DA for 30 June Retirees: For example, if an employee retired on June 2022 with a basic pay of Rs.52000 in pay level 7 (GP 4600). His basic pension and DA arrears will be as follows:

Received Pension and DA from July to Dec 2022

Due Pension and DA from July to Dec 2022

The above calculation is given for informative purposes only! This calculation is denoted the arrears for basic pension and DA only! Other retirement benefits will be calculated in the same manner!

How to calculate arrears on Commutation for 30th June Retirement?

Basic Pension, Dearness Relief, Commutated Portion amount and Bank Pension and Commutation Value Calculation for basic salary of Rs.52000 and Rs.53600

Basic Pension, Bank Pension, Commutation Value Calculation and arrears for basic salary of Rs.52000 and Rs.53600

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