Supreme Court Dismissed The SLP Filed By Govt Against Madras High Court Judgement Granting Pensionary Benefits Of Increment Due On 01.07 To Those Who Retired On 30.06
ITEM NO.36
COURT NO.3
SECTION XII
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).22283/2018
(Arising out of impugned final judgment and order dated 15-09-201 in WP No. 15732/2017 passed by the High Court of Judicature a Madras)
UNION OF INDIA & ORS.
Petitioner(s)
VERSUS
P. AYYAMPERUMAL
Respondent(s)
(WITH I.R. and IA No.90336/2018-CONDONATION OF DELAY IN FILING)
Date: 23-07-2018 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s)
Mr. Aman Lekhi, ASG
Mr. Harish Pandey, Adv.
Ms. Seema Bangani, Adv.
Mr. Piyush Beriwal, Adv.
Mr. B. Krishna Prasad, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
Delay condoned.
On the facts, we are not inclined to interfere with the impugned judgment and order passed by the High Court of Judicature at Madras.
The special leave petition is dismissed.
(KAILASH CHANDER)
COURT MASTER
Source – http://confederationhq.blogspot.com
Mahadevan krishnamoorthy
The department will perfectly deduct any dues from the employees without any intimation.The dues for employees willbe delayed or denied on some clarification.
Soundararajaperumal
I also a June retire can I go along with the other same retires to represent through pensioners assn
to the concerned authorities
Who are the responsible offcials to rectify?
Ravidra J Badiani
I also retired on 30-06-2007 on superannuation, and I have sent a representation to my Dept. but no reply.
J R RATURI
I retired on 30-06-2010 on supernnuation but benefit of increment was not allowed.Thus loss in pension. Now the finally the Honble SC dismissed review petition filed by the GOI. I have also represented two times to my Deptt but no reply received so far. Still the GOI has not issued any orders in this regard. otherwise no option is left except Court.
V K Chandran
Will the DoPT issue a general order in respect of notional increment for those who retired on 30th June?
ATAUR RAHMAN GHAURI
I retired on 30.06.2012 on superannnuation and I have not been given the increment for the period from 1.7.2011 to 30.06.2012. Have I to represent this case to Dept from I retired or I have to file a case in the court of Law ?.
BS AGRAWAL
Please wait for the notification by GOI and then decide.
Diljeet Singh
I too retired on 30th June 2011 from IAS HP Cadre . No increment or benefit in pension has been given. After learning about this judgment I have represented to the State Chief Secretary to either give this benefit to me or take up the matter with GOI to take a final decision. If its not implemented then I will have no alternative but to go to the Court.
BS AGRAWAL
Now when SLP and RP have been dismissed by the SC, GOI has no option but to give the benefits to the Petitioner Pensioner. Now the important thing is whether DoPT amends the relevant FR and DoP&PW comes out with a General Order or not. So the important thing as of now is that all affected pensioners should United and take up the matter with DoPT and DoP& PW for bringing out the the said amendment and Order.
VK Chandran
Why Confederation of central govt employees is not pressuring the govt/National Council of JCM leaders are keeping quite without taking action to put pressure for the issue of a general order by DoPT for the implementation of notional increment for those retired on 30th June. Please do not drag all the effected retiree’s for a general issue, we request the Leaders to take up this issue with Govt and see that all the effected persons get this benefit.
BS AGRAWAL
On the same analogy, the employees having DOB as 1st of a month and retired on superannuation in the preceeding month as per Proviso under FR56a, and so not getting the retirement benefits of the 5th/6th/7th CPC, should (be treated as retired on 31st of the month of DOB) and get the DCRG and other retirement as per CPC. This is particularly applicable to those who have retired on 31st Dec of 2005/2015.
B S AGRAWAL
Retirement of Govt Employees having DOB as 01.01.1956 on 31.12.2015 instead on 31.01.2016- Date of Retirement and Non-Payment of Pensionary/Retiral benefits other than Basic Pension viz. Gratuity (DCRG), Leave Encashment, Commutation etc. based on the Pay Fixed on 01.01.2016 as per 7th CPC; is in violation of CCS(Pension) Rules as the Proviso under FR56(a) which has not been issued in exercise of powers conferred under Article 309 and Clause (5) of Article 148 as required under Article 309 and Clause (5) of Article 148, is illegal, based on non-cogent reasons and without complying the proceadure, unconstitutional, void ab initio and ultra vires to Article 309, 14, 16, 21 of the Constitution; violative of CCS(Pension) Rule(s) 3(o), 5(2), 13, 83(1), 33/34 and CCS(Commutation of Pension) Rules and needs to be declared “Void and inoperative”.
Anyone interested, may contact at Nine Zero One Three Nine Zero Five Nine Seven Three.
BS AGRAWAL
Sir, may I suggest you to write to Cadre Controlling Section in DoPT for issue of the Orders directly and through other Channel. As the Minister of Personnel has already told in the Parliament that the decision of the Courts is in personal, the chances of General Orders are NIL.
Chandrakumar PANDURA Bachke
I was retired on superannuation on 30 Jun 2015, will I get benefits of this judgment. How to apply for the same.
Jaspal singh
If this will be effected to me as my increment was due on 1st Jan and I superannuated on 31 DEC 2009.
R N Jha
It goes without saying that the sensitivity / effectiveness of the DoPT , Govt. of India towards the retired government servants, more so in honouring the the judgement of Supreme Court , shall be seen through how fast the Order of granting a notional increment to the June retiree’s is issued and implemented . Invite the concerned Deoartment iof Government of India to act fast in this regards .
Ravindra Badiani
I retired on 30.06.2007 on superannnuation and I have not been given the increment for the period from 1.7.2006 to 30.06.2007. I have made a representation to the Deppt of posts but no response so far.
M.K.Kumar
So far not yet orders issued, only judgement said to implement.
A.k.das
He/she must eligible for additional and last increment if completed atleast six months service during retirement year as because new incumbants are eligible for one increments if they join by 31st December or 30th June. The pay commission has not taken into consideration for older and seniormost employees while consider ING for new recruits.
M.K.KUMAR
New recruits should complete annual basis from 1st July to 30th June they only get increment. In the retirement was not getting increment from 1st December to 30th June they are also not getting incremen, since they are not in service on 1st July.
Sreedhara P
Govt as model employer must consider issue of necessary implementation order applicable to all the affected employees / retirees. Similarly circumstanced employees / retirees should not b dragged to court unnecessarily when d issue has reached its finality.
VK Chandran
Will the Govt issue implementation order in respect of notional increment for those who retired on 30th June.
BS AGRAWAL
From the final outcome after dismissal of RP by SC, it is to be seen whether the Court Order will be treaded as a Question of Law or not. It seems to me that GOI will not issue any General Order considering the Order as Not a Question of Law as SC has not pronounced any Order but only dismissed the SLP and RP of UoI, and hence others have to go to the Court go get the benefit. In my view this should not happen and GOI must issue a Général ORDER.
vc
Not clear as to how the Supreme Court dismissed the SLP on 23rd July 2018, two months before that it is appearing in September 2018 here ?