NC, JCM demands grant of one increment to employees who complete one year on the day of retirement but not fixed with increment due for the year
Shiva Gopal Mishra
National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
Dated: July 6, 2015
Department of Personnel & Training,
Ministry of Personnel, Public Grievances and Pensions,
Sub: Grant of increment for those who have completed one year on the day of superannuation
We solicit your kind reference to item No.14 of the 43rd Meeting of the National Council, demanding grant of one increment in the case of those persons who complete one year on the day of their superannuation. The issue was discussed several occasions, but was not agreed upon by the Official Side. The Official Side took the stand that the completion of the stipulated one year being the day on which the official retires, he cannot be granted one increment for having completed one year only the next day and for doing so, one has to be on duty. The fact that the official has completed the requisite one year for earning an increment was unfortunately glossed over. The Staff Side was also told later that the case filed by one of the officials in the Central Administrative Tribunal against denial of increment was turned by the Court. No doubt, grant of increment in a deserving case is an executive decision and no court will be able to compel the Executive to exercise their powers in a particular manner. In fact, the Government ought to have appreciated the fact that the demand is on justified ground and the technicalities should not have come in the way to deny justice.
We now send you a copy of the GO issued by the Government of Tamilnadu, granting one increment on the date of superannuation in the case of those personnel who have completed one year of service. In the light of the decision of the Government of India that the grant of increment can be resorted to even in the case of a person who has completed at least six months in order to bring in uniformity in the date of increment of all Government employees as per the recommendation of the 6th CPC, earlier stand of the Official Side is not at all tenable. Since there had been no meeting of the National Council for the past five years, this matter could not be pursued through discussions.
We request you to kindly consider the matter afresh, especially in the background of the GO. of the Government of Tamilnadu and issue orders to settle the justified demand.
(Shiva Gopal Mishra)
Encl: As above
Tamil Nadu Revised Scales of Pay Rules, .2009 – Grant of notional increment to Government Sen/ants who retires on superannuation on the preceding day of increment due date – Orders – Issued.
Thiruvalluvar Aandu, 2045.
1. G.O.Ms.No.234, Finance (PC) Department, dated: 1-6-2009.
2. G.O.Ms.No.123, Finance (PC) Department, dated: 10-4-2012.
As per the provisions under Fundamental Rules 26 (a), the annual increments of the Government Servants are regulated in four quarters viz. 15th January, 15th April, 1st July and 1st October. However, there is npo provision in the Fundamental Rules to sanction annual increments in the case of the Government Servants who have rendered one full year of service and retires on superannuation on the last date of completion of one year and their increment due date falls on the next day of superannuation. As such an anomalous situation arises in the case of those Government Servants who retires on the 31st March, 30th June, 30th September and 31st December, as the case may be, inspite of the fact that they haVe completed one full year of service which are countable for increment as per Fundamental Rules 26(a), (b), (bb), (c) and (d) as the case may be, and on the date ‘of retirement.
2) The above issue was-brought to the notice of Pay Grievance Redressal Cell constituted in the Government Order second read above by several Employees Association for due rectification. The Pay Grievance Redressal Cell, among others, has recommended that “when date of increment of a Government Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively”.
3) After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.
4) Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately.
(BY ORDER OF THE GOVERNOR)
PRINCIPAL SECRETARY TO GOVERNMENT.
Source: National Council, Staff Side JCM