Honourable Madras High Court pronounced that June 30th Retirees eligible for Notional Increment for Pensionary Benefits
June 30th Retirees eligible for Notional Increment : Honourable High Court of Madras
As per the Judgement Pronounced by the Hon’ble High Court of Madras, The Government Servants those who are retiring on 30th June are eligible for one Notional Increment for Pensionary Benefits.
“The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose”
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2017
CORAM
THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.P.No.15732 of 2017
P.Ayyamperumal …
Petitioner
-vs-
1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
High Court Complex,
Chennai-600 105.
2.Union of Indirep.by
the Chairman, CBEC,
North Block,
New Delhi-110 001.
3.Union of India rep.by
Department of Personnel & Training
New Delhi.
4.The Director of General (Inspection),
Customs & Central Excise,
“D” Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.
.. Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917 /2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benefits including the pensionary benefits.
For Petitioner :: Mr.P.Ayyamperumal,
Petitioner-in-Person
For Respondents :: Mr.K.Mohanamurali,
Sr.Panel Counsel for R2 to R4
ORDER
(Order of the Court was made by
HULUVADI G.RAMESH, J.)
This writ petition has been filed to quash the order passed by the first respondent-Tribunal in O.A./310/00917/2015 dated 21.03.2017 and to consequently direct the fourth respondent to treat the retirement date of the petitioner as 01.07.2013 and grant him all the consequential benefits including the pensionary benefits.
2.The case of the petitioner is that he joined the Indian Revenue Service in Customs and Excise Department in the year 1982 and retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008.
Entitled to increment on 1st July if he continued in service on that day
In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and by order dated 21.03.2017, the Tribunal rejected the claim of the petitioner by taking a view that an incumbent is only entitled to increment on 1st July if he continued in service on that day. Since the petitioner was no longer in service on 1st July 2013, he was denied the relief. Challenging the order passed by the Tribunal, the present writ petition is filed.
3.The petitioner, appearing as party-in-person, has referred to the judgement passed by this Court in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others V.M. Balasubramaniam, reported in CDJ 2012 MHC 6525, wherein the appeal filed by the State challenging the order passed in the writ petition entitling the employee who was similarly placed like that of the petitioner, the benefit of increment on the ground that he has completed one full year of service from 01.04.2002 to 31.03.2003, was rejected.
Referring to that judgement, the petitioner has submitted that the said benefit has to be extended to him. He further submitted that even though the above decision squarely covers his case, no mention has been made by the Central Administrative Tribunal as to how that decision is not applicable to him.
With regard to the said issue, the petitioner has also referred to the order passed by the Government of Tamil Nadu in G.O.Ms.No.311, Finance (CMPC) Department, dated 31.12.2014, and submitted that in the said G.O., it has been mentioned that the Pay Grievance Redressal Cell has recommended that when the 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 notional increment purely for the purpose of pensionary benefits and not for any other purpose. Stating so, the petitioner prayed for allowing this writ petition.
4.Heard the learned Senior Panel Counsel appearing for the respondents 2 to 4 on the submissions made by the petitioner and perused the materials available on record.
5.The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013.
Hence, the petitioner filed the original application in O.A.No.310/ 00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.
6.In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself.
The judgement referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No. 8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.
Read the railway board Order : Employees Retiring on 30th June are not entitled for Annual Increment
7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgement of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement.
Petitioner shall be given one notional increment
Applying the said judgement to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.
HULUVADI G.RAMESH, J.
AND
RMT.TEEKAA RAMAN, J.
KM
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Under NPS, there is a provision for voluntary retirement/exit prior to the age of superannuation, without linking it with the minimum number of 20 years of service.
There is no service restriction for VRS under NPS Scheme
Only Retirement and Death Gratuity are extended to NPS employees. Hence there is no question of Gratuity for NPS employees opting VRS
See the rule position below
(c) As per Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) Regulations, 2015, and amendments there under, the provisions for voluntary retirement/exit and the benefits available/ allowed under NPS to employees of Central Government who voluntary retires are as follows:
“3(b) where the subscriber who, before attaining the age of superannuation prescribed by the service rules applicable to him or her, voluntarily retires or exits, then at least eighty per cent out of the accumulated pension wealth of the subscriber shall mandatorily be utilized for purchase of annuity and the balance of the accumulated pension wealth, after such utilization, shall be paid to the subscriber in lump sum or he shall have a choice to collect such remaining pension wealth in accordance with the other options specified by the Authority from time to time, in the interest of the subscribers”
Further, as informed by the Department of Pension and Pensioners’ Welfare, the benefit of retirement gratuity and death gratuity has been extended to Government employees covered under NPS on the same terms and conditions as are applicable under CCS (Pension) Rules, 1972.
Sir/Madam
I am a central Gov employee.I am working for 7yrs.I am a NPS holder.I have following queries given below
1.What is the VRS rules for NPS holder?
2.How many years minimum qualification service required for NPS premature withdrawal or VRS without any obstruction?
3.With VRS or NPS Premature withdrawal am I eligible for leave encashment and gratuity benefits?
Kindly inform me Sir/Madam
non issue of gen. Order by dopt is violation of hon. Ms high court and hon. Supreme court
Employees retiring on 30th June are not entitled for Annual Increment next day Read this Post
Sir,
My retirement date is 30/06/2006. Whether I am eligible for the notional Increment and retirement benefit ?
No.. not yet
No decision has been made in this regard yet
Why the decision of the GOI is being delayed?
I am retiring on 30.06.2019 and my increment date is on 01.07.2019. Can i be granted increment for pensionary benifits
Sir i am retired on June 2017.as per the honourable madras highcourt and Supreme Court dicission I am eligible for notional increment.pl advise me any door letter issued in this regard or how I should proceed.
Has Govt accepted court order reg notional increment to those,who had retired fm service on 30th June.
Sir, I have retired on 30th June 2018. But I have not received increment benefit for pensioary benefit. What is the procedure for getting it.
DoP&T is urged to issue general orders granting notional increment to those who retired on 30th June n 31st December on July 1st n January 1st after January 2010 (as per 6 CPC).
Has DOP&T issued the orders granting notional increment on July 01 and January 01 who retired on June 30 and December 31, as per the judgement of the Mumbai High Court and Supreme Court of India?
Plese inform current status of the matter/action taken by govt.
The Honorable Madras High court has passed an order under which the CG employees who retired on 30th June will be eligible for one increment for pension purposes. Under the above may I know that this judgement will automatically be legible to others also who have retired on 30th June.If so kindly share me the procedure for applying for one increment as I have retired from service on 30/6/2014.
Sir,
As per above decision the employee retired on 30.06.2012 but inceament allowed for year 2013 because completed one year at time of retirement. In the case of retiree who Completed 10 year on 31.12.2015 but no benefits 7th cpc given to employee
As per Supreme Court Decision employee is eligible to get all the benefits