Retired on 30th June is eligible for Increment Benefit
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.
Conclusion
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 protected].
Check out the Judgement of High Court on Pension fixation with additional increment
Check out the Judgement of Supreme Court on Pension fixation with additional increment
Tagged: fifth cpc new pay scheme new pension scheme Pension fixation with additional increment retired on 30 Jun fell due on 1st July Retired on 30th June is eligible for Increment Benefit
Sirji my date of retirement is 30 Jun 21. Am I eligible for increment in 2021?
Yes
M Dr.pyare lal meel retired on 30 June 2021 my date of birth is 01.07.1961 ha can i eligible for increment of 2021 aur uske liyae kaya karna padega sir
Though the supreme court judgement given in favour of government employees retired on 30th june the DOPT is not accepting the 6th pay commission i.e. for 1.7 2006. Now my problem is I retired on 30th june 2015 . How can I get my notional increment
How can DOPT take the date of the supreme court judgement?
Good day sir..
I am kanwar SINGH ex POQA I, No. 172184B.
I was recruit in Indian Navy Service we’d 03 Jan 1989. And I was promòted to Rank of petty officer we’d 01 Feb 2001 and I was released from service we’d 31 Jan 2009 vide CABS LRDONO. 01/09 PART-1 DATED 04 Nov 2008, so no. 223 and drawing pension vide PPO No. 09/97B/S/02268/2008.
2. As per new 6th pay commission , I am eligible for *assured Career Progression * (ACP) . I have served physically as a petty officer for exact 8 yrs wef 01 Feb 2001 to 31 Jan 2009. .. Cabs not giving me this pension they says you are due on 01 Feb 2009 in our system.
PLS suggest me..
This issue has been settled by High Court of Madras and up held by Supreme Court. AFT also has granted benefit in number of cases for further query contact 9958299122.
Dear Shri Virender Singh ji,
I am Dr Vijay Kumar Varma, retired scientist ‘G’ from CEMILAC, DRDO, Min of defence, Govt. of India, Bangalore 560037. I got superannuated on June 30, 2016 from the office. Am I entitled for one increment as has been stated in your various comments or responses to the comments. How I have to proceed through my office to realise the same. Do I need any authority letter or document? If yes, could you please let me know from where I have to get that letter or document. If you have the same, could you please send me its soft copy. Kindly advice. Regards
Your comment here…treating the judgement of hon. Ms high court and hon. Supreme court personam the dopt has denied to issue gen.order even in the same matter which is clear disobey of both the courts
i am retired in June 2013, therefore as per the judgement i am eligible for the notional increment. however, when i approached for the notional pension, the department says they are yet to receive orders from DOPT. Only aftr getting the orders of the DOPT, the notional pension will be granted. Pl guide me in this regard.
This issue has been settled by High Court of Madras and up held by Supreme Court. AFT also has granted benefit in number of cases for further query contact 9958299122.
Sir, I retred on 30.06.2012. The Govt. Of India, is not going to implement notioal increment to pensioners as clear from Fin.Min. F Dt. 18/10/19 quoting DoPT’s Legal Affars observatios that judgement of Madras HC is only for petitioner. It has been implemented after review petition, would not be precedent. I thing fr implementation in other cases, long batttle in SC will require.
Retired from Indian Railway Northern Zone on 30th june and no increment given, can I get the benifits for the same pl guide me.
Your comment here…disobeying the order of hon.ms high court and supreme court dopt has denied to issue gen.order even in similar case
I am retired on 30th June 2016 from railway service. I have not been given notional increments. On approaching to offices they says we don’t have any policy latter from dopt..is anybody has any information about dopt. when it is aspected
This issue has been settled by High Court of Madras and up held by Supreme Court. Various courts/Tribunals has granted benefit in number of cases for further query contact 9958299122.
Sir Jai hind
I am piare Lal retair from Indian army on 30 June 2017
Kya mujhe increase meant ka benefit milega
Please help me
Yes, this issue has been settled by High Court of Madras and up held by Supreme Court. AFT also has granted benefit in number of cases for further query contact 9958299122.
Sir i retired on 30th june 2018, will i get one increment?
Sir,I retired on 30th.June 2005.Am I eligible for an increment on 1st July 2005?
yes pl contact on 9501259004
Respected Sir, I retired on 30th June 2010. I was expecting this increment with full hopes but recently Legal Department of central govt given their advice to DoPT to decide the against the effected persons, may be due to economic crises being faced by govt and all the pending cases and future cases in the Court May be decided against. (When Supreme Court is for granting (SC dismissed SLP and also the Review Petition on this) why DoPT is not considering.? May I seek your Advice the matter.
Sir, has the DoPT issued the order following SC judgement upholding Madras HC judgement for notional increment for employees retired on 30 June 2019. If so, kindly forward a copy of the DOPT order.
Sir, for getting notional increment on 30 june 2019 retired persons , whether individual has to approach court and get direction or DOPT is issuing general order.,Kindly advice
Jayaprakash
Sir
I retired on 30th june 2018 will i get one increment
Has the Government amended its rules to grant increment benefit to those who retired/retire on 30th June in pursuance of rejection of SLP by the Hon’ble Supreme Court?
IS Verma
Ludhiana (Punjab)
[email protected]
Sir, my birth date is 1.7.1959. therefore I retired on 30 June 2019. Employed in ICAR institute what can I get a extra increment .
I am retired from ordinance fy on 30june 2019
Sir
I retired on 30th June 2015 will i get an extra increment
sir Regards. I retired from CRPF/Central para military Force on 30th June,2010 but the increment benefit was not granted which is now granted by honble High court madras and uphld by honble Suprement court also review petition filed by Govt was dismissed and allowed notional increment.. Sir I have already submitted my representation to my office/CRPF but no action has been taken so far by department. I am the poor pensioner. How I could get this notional increment. GOI, MOF has also not issued any order in this regard. Sir, in the parliament in two occasion the honble MP’s sought the clarification but govt reply was in negetive ( not issued any order to get this benefit by the pensioners ). what is the present position I dont konw. Kindly help and convey present action is required to be taken by me…J R RATURI
As per the circular issued by Ministry of Finance, Department of Revenue Central Board of Indirect Taxes and Customes
F.No.A-23011/36/2013-Ad.IIA DT.18.10.
2019 DoPT informed that the judgement is personal and in rem and advised to defend the cases with certain paints given there in.Hence there is no scope for issue of general order to make applicable to all. Hence every body should go to court after exhausting the proper channel.One may please go through the above instructions.
Sir, I retred on 30.06.2012. The Govt. Of India, is not going to implement notioal increment to pensioners as clear from Fin.Min. F Dt. 18/10/19 quoting DoPT’s Legal Affars observatios that judgement of Madras HC is only for petitioner. It has been implemented after review petition, would not be precedent. I thing fr implementation in other cases, long batttle in SC will require.
Sir I retired from army on 30 Jun 1986 . I have not get increment.pl. adv me.
Sir I retired 30 June 2018 in education department of Haryana govt as Headmaster high School Kya muje Notional inceriment milegi please tell me about dopt latter
I retired on30 th June 2008 will I get one increment
Retired on June 2008 l write mistake ly join date I will get notional increment sir.
As per Govt of India , the decision to award notional increment to those who retired on 30 June and have 1 July date of birth , was personal to the person who filed a case in Madras High Court. I superannuated on 30 June in 2007 and have 1 July as date of birth, this did not get one increment . Please guide as to what I should do?I had submitted a request to the appointing authority in the INDIAN COUNCIL OF AGRICULTURAL RESEARCH, but there is no response. Unofficially told that decision not taken by the DoPT.
I retired 30 06 17,what to do to get one increment,pl, guide, thanks,
I, S. Gajendra Babu working in Indian Railways retired on 30th June, 2018 will get an one increment.
What i have been reading the DOPT has not issued any orders after Hon’ble supreme court dismissed review petition of the central govt. The Govt is of the view that no notional increment should be granted to anyone. Does it not tantamount to contempt of court after the supreme court dismissed the review petition of the Govt and asked the Govt of India to amend the rules to grant notional increment to all those who retired on 30th June. The CSR says that the annual increment will accrue on the last day of the year and shall be drawn in the next month. I fail to understand that some one born on 1st july retires on 30th june without an increment and anyone born on 2nd July and beyond will walk away with the increment.What is the logic? Any rule that discriminates on the basis of DOB is a constitutional violation. Govt needs to understand that it even defies common sense logic. The Govt should come with a logical answer for denying the well earned increment to a retiree and not behave in a stubborn manner.
The annual increment is certainly due after completion of one year continuous service. It is granted to only serving officials. However, it is to be granted to retired officials on 1st July notionally for the purpose of fixation of pension and retirement benefits as benevolence.
A.C. Trivedi,
Retd. Under Secretary,
Govt. of India.
The annual increment is certainly due after completion of one year continuous service. It is granted to only serving officials. However, it is to be granted to retired officials on 1st July notionally for the purpose of fixation of Pension as benevolence.
A.C. Trivedi,
Retd. Under Secretary,
Govt. of India.
The annual increment is certainly due after completion of one year continuous service. It is granted to only serving officials only. However, it is required to be granted to retired officials on 1st July notionally for the purpose of fixation of Pension as benevolence keeping in view that one year service is completed well before retirement on superannuation.
A.C. Trivedi,
Retd. Under Secretary,
Govt. of India.
Further the orders of apex court are to be complied necessarily.
Sir, iam 30 th June retiree. I have given representation to my parent organisation 2 months ago for granting increment. There is no reply so far. Kindly advise as what to do now.
Please confirm whether DOPT issued any order to grant an additional increment to the Central Govt. Pensioners retired on 30th June completing one year service in the cadre.Please reproduce the Govt. orders or the latest position in the matter.
Please confirm whether DOPT has issued any order to grant additinal increment to Central Govt pensioners retired on 30th June completing 12 months service in the cadre. Please reproduce Govt order or the latest position in the matter.
I’m retired (superannuation service) govt officer from Govt of Maharashtra.My date of retirement is 30 June 2008.May I eligible as per the above decision given by the Hon’ble Supreme Court.and what action will have taken by me. Your guidance in this matter will be highly appreciated.
Sir
I retired on 30 th june 2015 will I get one increment
Sir,Namaste. My date of birth is 01.07.1952 hence I retired on superannuation of age on 30.06.2012 from Railway service. Ireceived last increment on 01.07.2011. Increment for the period 01.07.2011 to 30
06.2012(one year) was denied on technical grounds. Please clarify me whether I am eligible to get increment at least on notional basis, for pension calculation, if so to whom I have to submit my claim. Kindly help me.
Sir, I have retired on 30 June 2018 from doordarshan Mathura. How can I get notional increment benefit. If DOPT/SC has issued order please let me know . If possible I would like to get that order on my email ID ([email protected]). thanks .
I Dr.G.R.Mahajan., retired from (Bhabha Atomic Centre trombay Mumbai-85) service on 30th june2010. All affected persons like me should come on a siingle platform and apppoint high court advocate to get us justice. May I ask how many of you are interested?. please give your name and other details like phone number and ppo number etc. to my following number 91 98202 44913. In India we have to fight for every thing we are not politicians to get what ever we deserve.
I retired on 30 June 1995 after superannuation. My stagnation increment of Rs.200/- was due on July 1, 1995. I do not know whether I will get it. There appears only a Supreme Court Judgment and there is no order from the Department of Personnel on the subject. Is there any order issued by the Government of India so far?
Sir, I have also retired on 30 June 2018 from the university of delhi. How can I get a national increament benefit.
Sir my ritayarmant date 30-06-2021 h and my D O B 01-07-1961 h kya mughe one incriminate milega
I have been retired on 30.06.2022 from Central Bureau of Investigation can I get increment on Superannuation. please sent soft copy of DoPT order please
I, Sellappan Palanivelu, retired as Deputy Director on 30 th June 1996 from Central Staticsl Organisation, M/ Planning, New Delhi as per court verdict I am eligible for extra increment. Am I apply to the department from which I retired ? Kindly guide the procedure to apply and get the extra increment.
I retired on 30th June 2016 and I expect to get extra increment, how to proceed?
Honorable Sir,
May I draw your kind attention towards following few lines.
I have been retired (Pensioned) from INDIAN NAVY on 30/06/1984,my DOB 15/02/1952.
Am i eligible to get one increment?
Thanks
REGARDS
Sir I am retired on 30 th June 2022 from Rajasthan govt service( IRA) , Can I am eligible for 1July 2022 increment if you have any circular or judgement related to Rajasthan high court or Suprime court . pls reply.
Rules specify that employee whose DoB is 1st of calendar month, is treated as retired, one day before i.e. last working day of previous month. In case, employee who retires on 30th June after completion of one year service, will not get his due increment on next day i.e. 1st July. This is violation of right to equality.
non issue of gen. Order reg.notional increment to 30th june retirees by dopt. is disobey of hon. ms. high court and hon.supreme court order
All the employees retired on 30th June are not eligible for Notional Increment. Employees who are retired after the implementation of VIth CPC only are eligible.
The Govt. of India / DOPT has issued a letter on 21-01-2020 stating that the Madras High Court order is applicable only for the petitioner and not in general. This letter was issued after Supreme Court dismissed the Review petition of the Government. The govt. of India stand is very clear. Not to implement for all the eligible.
Now what to do ? Follow the procedure
1. Give an application to your Head of office / Establishment. Wait for 45 days give a reminder if no reply. Wait for 30 to 40 days and once again give a reminder II. Wait for 30 days if No reply or reply is not in your favour.
2. Approach your concerned CAT, with all the documents. you will win there.
3. The GOI may not implement the CAT order.
3. The GOI may go to High court. There also you will win.
Then the process of implementation will start.
You must be ready for at least 2 years struggle. You must be ready to spend 30,000/ to 50,000/-
If you are ready, get up and give the application to your Head of Establishment for grant of Notional Increment. No body will help you. you have to help your self
Your comment here…dopt has denied to issue gen.order inspite of decision of hon.ms high court and upheld by hon. Supreme court even the matter is same
I , r n singh retired from the post of chief engineer in up pwd on 30th june 2008.i am elegible for one more extra increament.Am i apply to my parrent department from where retiredi!
Sir what is the limitation period to file a petition in HC for stoppage of Increment in salary by state govt ?
Sir
I retired on 31.12.2019 my increment was refixed due to promotion from 01.01.2017 (promoted to next rank on 21.04.2017) but with letter F.No.4-21/2017-IC/E III A Govt.of India dtd.28.11.2019 the increment was earlier fixed on 01.07.2017 now it is changed to 01.01.2017 onwards . As per the above referred letter the increment date is changed to 01.01.2018 onwards subsequently 01.01.2019. My pension is fixed with two increments as i retired on 31.12.2019.
As i have rendered 365 days service before . Am i eligible for refixation of my pension with one increment for the period 01.01.2019 to 31.12.2019.
Your kind advice is solicited
Thanking you
V.Sudhakar
Sudpt.Central Tax
Sir
I retired on 31.12.2019 my increment was refixed due to promotion from 01.01.2017 (promoted to next rank on 21.04.2017) but with letter F.No.4-21/2017-IC/E III A Govt.of India dtd.28.11.2019 the increment was earlier fixed on 01.07.2017 now it is changed to 01.01.2017 onwards . As per the above referred letter the increment date is changed to 01.01.2018 onwards subsequently 01.01.2019. My pension is fixed with two increments as i retired on 31.12.2019.
As i have rendered 365 days service before . Am i eligible for refixation of my pension with one increment for the period 01.01.2019 to 31.12.2019.
Your kind advice is solicited
Thanking you
V.Sudhakar
Former Sudpt.Central Tax
I was in ICAR service,retaire on 30-06-2020.Icar(iihr Bangalore office) is telling that they don’t have order?
I retired as Professor of IIM Lucknow. I retired on 30.6.2011 and getting pension.
Will I get extra increment as per Hon’ble SC judgement
Sir, has any one else approached court/ succeeded in getting extra increment except the two cases ordered by Hon’ble Madras High Court?
Sir I retired 30 June 2018 in education department of Haryana govt as Headmaster high School Kya muje Notional inceriment milegi please tell me about dopt latter
I have retaired on 30 th June 2020 from I C A R services,Our office financial dept telling that they not received G O to implement the one incriminate Order from S Court.When I may get the benefit?
Am I eligible for one incriminat , on June 30 I came out of I C A R services.
Sir i retired in the month march 2020. wheter i am eligible for proportion increment . if yes, please provide the letter reference
Please provide the relevant documents / orders from the Competent Authority for grant of one additional increment to the government servant who retired / retiring as on 30 June.
Regards,
Administrative Officer,
G.B. Pant Hospital, GNCTD, New Delhi-110002.
Sir, I was retired on 30-06-2012 from central railway mumbai ,can I eligible one additional increment which is due next 01-07-2012 but pay /settlements are fix as per 30th June 2012 ,will get all consequent benefits . Kindly advise me shortly thanks.
Please advise the retired on 30june for the next step they can take so that they can get one more increment.with regards.
In the case of UOI vs Ayappaperumal SLPNo.22283 / 2018 dated 3.07.2018 and further dismissed the review petition as well on 08.08.2019 by the Hon.Supreme Court of India and thus the issue Notional Increament in principal treated to have already been settled beyond doubt as in almost all cases on the same issue after the said order of the Hon’ble Apex Court, different High Courts and Tribunals has also decided other cases citing the order of UOI Vs Ayappaperumal on the plea that the petitioner having rendered the service for one full year i.e.till the date of retirement, his accrued right cannot be denied and accordingly allowed increment for the purpose of pensionary benefits”. Not only that, the Hon’ble Delhi Court even in W.P.(C) 5539/2019 ARUN CHHIBBER versus UNION OF INDIA AND ORS. O R D E R dated 13.01.2020 has rejected the contention of the respondents(UOI & others) that the judgment in P. Ayyappaperumal had to be treated as one that was in personam and not in rem. In fact, in order to containing unnecessary burden on the judiciary and also to protect the spirit of the National Litigation Policy, the Hob’ble Supreme court have had been repeatedly viewed in viz Inder Pal Yadav Vs Union of India[1985(2) SCC 648) and in the case Somvir Rana (TGT Eng) & Ors Vs Govt. of NCT Delhi. in SLP-IA No. 77457/2017 dated 01.09.2017 including the Civil Appeal No. 3744 of 2016 UOI Vs Balbir Singh Turn &Anr dated 08.12.2017 and UOI VS Prithvi Sing dated 24.4.2018 that “Once the question, in principle, has been settled, it is only appropriate on the part of the Government of India to issue a Circular so that people need not unnecessarily travel either to the Tribunal or the High Court or this Court and it will save the time of the Court and the Administrative Departments apart from avoiding unnecessary and avoidable expenditure”. Thus, non implement of the order of the Hon’ble Apex Court in order to extend similar benefit to the non petitioners similarly situated persons treating the order as ‘in-personam’ appears to be disobey of order of the Hon’ble Apex Court hence to be treated as a fit case for filing of Contempt.
Sir,I am Maharashtra govt employee .My date of retirement is June 30, 2022.What should I do to get the benefit of national increment ?Does it need a petition in High Court?
I need your guidance in this connection..
I am Gupta I taken VRS -2019 package BSNL .My VRS 31-01-2020.My increment date is 18-02-2020.Sir I am eligible or not for above .
Sir I’ll be released from service on 03 jul 2021. Will I get increment of 01 Jul 2021 and will it be used for calculating increment and Leave encasement
I joined in IAF IN1972 as storekeeper and retired as CGO from 8BRD AVADI ON30thjune 2009,despite representing made no fruitful reply reced what is next course of action please advise