Supreme Court dismisses SLP filed by Govt against Madras HC Judgement granting Pensionary Benefits of Increment Due On 01.07 To Those Superannuated on 30th June
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)
Read Also: Superannuated on 30th June is eligible for increment due on 1st July notionally for Pensionary Benefits: High Court
UNION OF INDIA & ORS.
(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.
HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE DEEPAK GUPTA
Mr. Aman Lekhi, ASG
Mr. Harish Pandey, Adv.
Ms. Seema Bangani, Adv.
Mr. Piyush Beriwal, Adv.
Mr. B. Krishna Prasad, AOR
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UPON hearing the counsel the Court made the following
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.
I have been granted Non Functional Upgradation (NFU) of 5400 from Pay Level-8 to Pay Level-9 in PB-2 wef 30 May 2020.
NFU pay fixation is with an increment or not ?
I shall be superannuated on 30th June 2021. As per final judgement order dated 15/09/2017 of Hon’ble High Court of Judicature at Madras in Writ Petition No. 15732/2017 in the matter of Shri P. Ayyumperumal. Wherein the High Court had directed that the petitioner shall be given one notional increment for the period of one full year’s service from the date of his last increment till the date he retired 30th June next year for the purpose of pensionary benefits. The appeal preferred by UOI by way of filing SLP Civil Dy. No. 22283/2018 challenging the High Court order was dismissed by Hon’ble Supreme Court. vide order dated 23-07-2018. Since the issue raised in the representation does not come under the purview of Department of Post. Therefore, the representation was forwarded to the nodal Ministry (Department of Expenditure) for their consideration and appropriate action.
Asstt. Director General (Pension).
Conclusively, reportedly it is pending with Ministry (Department of Expenditure)to its implementation. Now ,it is a widespread case pending since long for its implementation. Here question arise that when our Hon’ble PM Shri Narendra Modi ‘s standing order to all Ministries that no paper should remain unattended to any counter more than a week; how one can dare to keep file without any decision/disposal after the final Judgement of Hon’ble SCI?
In view of this new orders now they have asked option for increment in January/July. So you give option for increment in January so that the problem will be solved.
There is clear cut denial by the nodal agency of govt. of India for notional increment for pensionary benefits to retired govt. servants who retired on superannuation on 30th June after rendering 12 months regular service despite of hon,ble Supreme Court,s decision. This is a violation of working ethics of govt. of India & constitutes contempt of court,s orders because the points were included in agenda meeting of 47th ncjcm held in April 2019 under “litigation in service matters”which were duly admitted by the cabinet secretary of govt. of India . To deprive a govt. servant of his legitimate right using arbitrary orders/ decision shows dictatorship of the govt. which is not a healthy symptom of working of democratic system of govt. , because this also constitutes a sort of corruption . There is a saying that power corrupts a man & absolute power corrupts a man absolutely is going to be proved here.
On the subject of “grant of one notional increment to those govt. servents who have completed one year on the day of of superannuation”. I retired on 31.01.2006 and increment due was on 01.02.2006. Kindly specify whether I am eligible for notional increment. as I have completed one year on 31.1.2006 on the day of superannuation
based on above SLP, Central Board of Excise and Customs, on the advise of DOPT / DoLA, Review petition filed, the said review petition also dismissed by Hon. SCI dt 08 08 2019.
Now, it is the responsibility of GoI / nodal departments to implement the same to all the similarly placed government servants who are retired on 30th June.
Govt shall not treating this is a personam and it is common policy issue.
Hon.SCI, already issued number of rulings that once the matter is finale, that should be implemented to all the similarly placed, so that Courts time, government money and time need not be wasted and latest ruling of Hon.SCI dt. 01 09 2017.
Govt shall not wait to see the patience of Pensioners and retirees.
Sir, kindly take up this issue with the appropriate authority for implementation to all the concerned with out any further delay.
Union Govt reply in Parliament shows tha Modi Govt wants to harass the Pensioners. The reply that it is applicable to the person who went to Court and is against the Government policy is very negative. Now it is planned to delay the matter as Govt wants to file review SLP in Supreme Court. I propose that that an Employee Union May file a common cause case in the Hon’ble Supreme Court.
I retired as on 30.06.2017. DOB..01-07-1958,Am I also eligible for this benefit as per court order. May I get the copy of the order issued by DOPT in the light of this judgement. Please provide me copy of same or source. Because my Salt Department under Ministry of railways is not listening my representation, though I have provided the copies of the judgements of High Court, Madras as well as Supreme Court of India.
Is it applicable to defence forces also?
Has implementation orders issued by supreme court? Also is it applicable to all ministries/ departments including defence forces?
So DOPT has not issued order. Wait for the same.
I was retired on 30 june2018 and my date of birth is 1july how I claime my annual increment for the purpose of pensionary benifits
have you got??
I was retired on superannuation on 30 Jun 2015,as supreme court order increment due on 01 Jul is admissible to me.pls inform how to apply for the same.