Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year
Government of Haryana
No.6/ 183/2018-4PR (FD),
The Additional Chief Secretary to Government Haryana Finance Department.
1. All of the Administrative Secretaries in Haryana Stale.
2. All of the Heads or Departments in Haryana State.
3.All or the Divisional Commissioners in Haryana State.
4.All of the Deputy Commissioners in Haryana State
5.All of the SDOs (Civil) in Haryana State.
Date Chandigarh Date : 03.04.2019
Subject: Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.
I have been directed to refer to the subject cited above and to state that the Hon’bIe Madras High Court vide its judgment dated 15.9.2017 in CWP No. 15732 of 2017-P. Ayyamperumal Vs. Union of India had allowed an Annual Increment on notional basis for the purpose Of pensionary benefits to the petitioner on 1.7.2013 who had otherwise retired on 30.06.2013. The rationale of the judgment was that the Increment has to be granted On completion On full year or service and s:nce the employee concerned had retired on 30.69013 after the fun length of service of one year from 1 .7.2012 to 30.6.2013 he was allowed the Annual Increment as on 1.7.2013 on notional basis for the of pensionary benefit. This judgment was later on upheld in the Hon’ble Supreme Court in SLP No. 22283 of 2018- Union of India Vs. P. Ayyamperumal, decided on 23.7.2018.
A number of cases on the same lines are being received comprising administrative proposals, judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of judgment of Hon’ble Supreme Court ibid. Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have pouring in regularly relying upon the judgment Of Hon’ble Supreme Court ibid.
In view of the above the matter was considered meticulously weighing all possible pros and cones and since the judgment or Hon’ble Supreme Court ibid has been delivered a case where Central Govt was party, the Central Govt. has, therefore, been requested vide this Department letter dated 28.3.9019 to apprise or the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly. This request has been sent to Central Govt. since the remedy of Review Application and Curative Petition still subsists with it and it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of India. A copy of request dated 28.3.2019 sent to Central Govt. is attached herein.
In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly. In the decided cases where in a direction has been issued by the Hon’ble High Court/ Ld. Courts to decide the Representations/ Legal Notices of the petitioners, the Petitioners/ Counsel of Petitioners may be informed accordingly. Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed of in the same terms informing the factual position to the Employees /Counsels concerned. The next line of action will be informed in due course.
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana