Grant of the 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
F.No.1453545/2021-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
Dated the 24th June 2021
Office Memorandum
Subject: Grant of benefit of one notional increment (as due on 1st July) for the pensionary benefits to those employees who had retires on 30th of June before drawing the same.
The undersigned is directed to refer to the subject cited above and to state that the issue of grant of notional increment and consequential pensionary benefits on the rationale of the Order dated 15.09.2017 passed by the Hon’ble High Court of Madras in WP 15732 of 2017 filed by Shri P. Ayyamperumal was examined and necessary instructions in this regard were issued vide this Department’s OM 19/2/2018-Estt (Pay-I) dated 03.02.2021. This OM is available at the link (https://documents.doptcirculars.nic.in/D2/D02est/19-2-201 8-Estt%20Pay-IMVLPO.PDF) or may be accessed from this Department’s website https://dopt.gov.in: Notifications: OMs and Orders : 13. Establishment : Pay Rules. :
2. Meanwhile, Ministry of Railways have brought to the knowledge of this Department, the Order dated 05.04.2021 passed by the Hon’ble Supreme Court of India in a case involving same subject matter {SLP(C) No. 4722/2021}. In the case under reference (OA No170/677/2019), Hon’ble CAT, Bangalore Bench, allowed grant of notional annual increment to an employee who superannuated from service on 30.06.2014. Ministry of Railways challenged this judgment in the Hon’ble High Court of Karnataka in WP No 146967 of 2020 (S-CAT), which was rejected by the High Court on 22.10.2020. Thereafter, Ministry of Railways filed a Special Leave Petition {SLP (C) No 4722/2021} against the Order dated 22.10.2020 of the Hon’ble High Court of Karnataka. Hon’ble Supreme Court heard the matter and issued the following directions in its Order dated 05.04.2021:
“Issue notice returnable after three weeks. In the meanwhile, there will be stay of operation of the order dated 18th December, 2019 of the Central Administrative Tribunal, Bangalore Bench in Original Application No. 170/00677/2019, affirmed by the judgment and order impugned. The Petitioners shall, however, in the meanwhile without prejudice to the rights and contentions of parties pay retiral dues of the Respondent computed on the basis of the last pay drawn by him on the date of his retirement, that is, 30.06.2014.”
Ministries /Departments are requested to take note of the contents of instructions issued vide this Department’s OM 19/2/2018-Estt (Pay-I) dated 03.02.2021 and the Order dated 05.04.2021 of the Hon’ble Supreme Court and defend the Court Cases similarly placed on behalf of Union of India including this Department, in consultation with this Department and other nodal Departments, if necessary, and keep the interest of this Department in view while on doing so.
sd/-
(Sukhdeo Sah)
Under Secretary to the Government of India
Dr.S.B.Hahalligudi,
I have retired on 30th June 2008 after superannuation. My date of birth is 18-6-1948. Am I eligible for one additional increment to be added to my pension?
Sir
I retired on 30 th June 2008 as per above DOPT order i am entitle for on additional increatment . I retired from CIRCOT , ICAR and i should get the benifit of notional increment . But till no action has been taten Kindly look into matter
Thanks
Dr. LK M paralikar
I retired on 30 June 2016 after successful completion of 35 years of service. Am I now eligible for one notional increment ,on 1st July
.Bipin B Mishra
I retired as a Professor under the ICAR system of the 7th pay commission on 30th June 2016. Once ICAR implements a notional increment effective from 1st July, I will be entitled as per SC order. Unfortunately, no clear order is in hand. Am I eligible, but how, when the order is vague? Kindly.
why notional increment denied to me while calculating my pension.whereas I have completed 365 days of the year from 01 jul 2017 to 30 Jun 2018.I have retired from IAF on 30 Jun 2018 as my DOB was 01 jul 1961.
DA aur DR kha gayi apni bholi bhali sarkar kya time aaya hai achchhe din