Grant of benefit of one notional increment (as due on July) for the pensionary benefits to those employees who had retires on 30 of June before drawing the same

COURT CASE

TIME BOUND

F.No. 1453545/2021-Estt (Pay-I)

Government of India

Ministry of Personnel, Public Grievances & Pension

(Department of Personnel & Training)

***

North Block, New Delhi –

 Dated the 29 June, 2021

OFFICF MEMORANDUM

Subject: Grant of benefit of one notional increment (as due on July) for the pensionary benefits to those employees who had retires on 30 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  5.09.2017 passed by the Honble High Court of Madras in WP 15732 of2017 filed by Shri P. Ayyamperumal was examined and necessary instructions in this regard were issued vide this Departments OM 19/2/2018-Estt (Pay-I) dated 03.02.2021. This OM is available at the Link https://doeuments.dot,teircularsnicinjD2/DO2est/ I 9-2-20 I 8-Estt%2OPay-IMVLPO.PDF) or may be accessed from this Departments 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 Ho’nble High Court of Karnataka in WP No 146967 of2020 (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 4722/202 1) against the Order dated 22. 1 0.2020 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 l8th December, 2019 of the Central Administrative Tribunal, Bangalore Bench in Original Application No. 1 70/00677/2019, armed 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, 30.062014.

3. Ministries /Departments are requested to vide this Departments OM 19/2/2018-Estt (Pay-I) dated 05.04.2021 of the Hon’ble Suprerne Court and defend the Court cases similarly placed on behalf of Union of India including this Depart, in consultation with this Department and other nodal Departments, if necessary, and keep the interest of this Department in view while doing so.

(Shukdevo Sah )

Under Secretary to the Government of India

TeI. No.23040489

To

AII Ministries/Departments of Government of India.

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