Pension fixation with additional increment retired on 30 Jun fell due on 1st July.
The facts of the case are that the petitioner joined the Indian Revenue Services in Custom and Excise Department in the year 1982 and retired as Additional Director General on 30.06.2013 on attaining the age of superannuation.
After 6th Pay Commission the Central Government fixed 1st July as the date of increment for all the 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 the full one year in service i.e from 01.07.2012 to 30.06.2013
That it was settled by judgment passed in State of Tamil Nadu, by its secretary to government, finance department and others v/s M. Balasubramaniam that the employee had completed one full year service from 01.04.2002 to 31.03.2003 which entitled him to the benefit of increment which accrued to him during that period.(that was as per 5th CPC).
The Hon’ble High Court of Madras vide Judgment date 15.09.2017 had held that for the purpose of increment service rendered by an employee prior to 30 Jun i.e. one year prior would be taken into consideration for increment fell due on 1st July.
In that case the period of 01.07.2012 to 30.06.2013 (date of retirement) was considered for increment fell due on 01.07.2013. The petitioner was granted benefit of one notional increment in fixation of his pension. The same ratio was upheld by Hon’ble Supreme Court and dismissed the appeal filed by government.
All Government servant including armed forces personnel who retire on 30th June will get the benefit of fixation of one increment fell due on next day i.e. 1st July as per the Judgment passed by Hon’ble High Court and Supreme Court. There will be benefit of one increment in case the retired personnel make proper representation before their department.
Hello everyone My name is Virender Singh Kadian, I am an advocate by profession serving our Indian Army and my Nation from deep of my heart.
If you have any suggestion or any query or you need any information about this article you can contact me at email@example.com.