Notional Increment to 30 June Retirees

Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same – Clarification of Railway Board Order Dated 20.06.2023

The Ministry of Railways, Government of India, has issued a clarification regarding the grant of notional increment for pensionary benefits to employees who retired on June 30th before receiving the increment.

In order to calculate one increment arrears for retirees on 30th June, it is necessary to consider the recent Judgement issued by the Hon’ble Delhi CAT Court on 15.7.2021. The Court ruled that for employees who retired on 30th June of any year, the increment that would have been payable on 1st July should be extended. Additionally, their pensions should be revised, subject to meeting applicable conditions. Any resulting arrears should be paid without interest.

MOST IMMEDIATE COURT CASE MATTER

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-VI/2020/CC/13

New Delhi, dated: 20.06.2023

The General Manager (P), All Indian Railways & Production Units (Attn.: All PCPQOs)

Sub: Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same — Clarification reg.

Ref: Board’s letter of even number dated 13.04.2021.

Attention is invited to Board’s letter under reference whereby a copy of Hon’ble Supreme Court’s order dated 05.04.2021 pronounced in SLP (C) No. 4722/2021 (Union of India & Ors Vs M. Siddaraj) whereby interim stay was granted on implementation of Hon’ble CAT/ Bangalore Bench’s order grating benefit of notional increment was circulated to all Zonal Railways/ PUs.

2. The aforesaid SLP has recently been dismissed by Hon’ble Supreme Court vide their order dated 19.05.2023 (copy enclosed) inter-alia disposing all similar pending applications and directing the Union of India to grant the benefit of notional increment to all the original applicants & intervenors.
3. Considering the repercussions & far reaching implications of Hon’ble Supreme Court above judgement whereby the law involved on this issue has been interpreted on merit; this Ministry has already referred the matter to DOP&T (being the nodal department on the issue) vide Board’s O.M. dated 21.04.2023 (copy enclosed) seeking further course of action to be adopted in contesting the cases on notional increment and further remedial measures/ legal provisions, if any available, to safeguard the interests of Union of India. This Ministry is persistently following up the matter with DOP&T; however, the solicited response on the policy aspects of grant of benefit of notional increment is still awaited.
4. Necessary clarification/ guidelines will subsequently be issued to all Zonal Railways/ PUs on receipt of the same from DOP&T. Meanwhile, it is advised that a Miscellaneous Application may be filed before the concerned Tribunal/ Court in consultation with the contesting counsel seeking further time for compliance of orders/ filing of reply, as the case may be.
5. This issues with the approval of the competent authority.

DA: As above

(Jaya Kumar G)
Dy. Director, Pay Commission — VII & HRMS
Railway Board
Tel. No. 011-47845125

Notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June – Railway Board Orders 2023 PDF Download

PC-VI/2020/Misc./01

MOST URGENT COURT CASE

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-V1/2020/Misc./01

New Delhi, dated: 21.04.2023

OFFICE MEMORANDUM

Sub: Grant of benefit of one notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same.

The undersigned is directed to refer to DOP&T’s O.M. No. 1442509/2021-Estt (Pay-l) dated 11.02.2021 whereby a copy of DOP&T’s guidelines/ instructions issued vide O.M. No. 19/2/201/-Estt (Pay-l) dated 03.02.2021 was forwarded to this Ministry to effectively utilize the same while defending the cases on the issue of grant of notional (as due on 1st July of the retirement year) for the purpose of pensionary benefits to those employees who had retired on 30th of June before drawing the same.

2. This Ministry has been contesting all such cases based on the above advice of DOP&T. In one such case viz. SLP (C) No. 4722/2021 (Union of India & Ors Vs M. Siddaraj) filed before Hon’ble Supreme Court of India against the order dated 22.10.2020 pronounced by Hon’ble High Court of Karnataka’s in W. P. No. 146967 of 2020 (UOI & Ors Vs M. Siddaraj) challenging Hon’ble CAT/ Bangalore Bench’s order dated 18.12.2019 in O.A. No. 170/677/2019; Hon’ble Supreme Court vide their order dated 05.04.2021 had granted stay on implementation of order dated 18.12.2019. A copy of the stay order was also forwarded to DOP&T vide this Ministry’s O.M. dated 28.05.2021 (copy enclosed) for utilizing the same in defending the cases on the similar issue to ensure unified stand before courts of law.
3. Subsequent to above, another SLP (C) No. 012439/2022 (Union of India & Ors Vs Anil Kumar Gupta & Ors) on the similar issue of notional increment was filed before Hon’ble Supreme Court and tagged with SLP (C) No. 4722/2021 (UOI & Ors Vs M. Siddaraj}) and is presently pending for adjudication before the Hon’ble Supreme Court. Further, in yet another similar proposal for filing SLP, Ld. ASG Ms. Aishwarya Bhati, has opined that it is a fit case for preferring an SLP against the impugned order dated 18.01.2023 passed by the Hon’ble High Court of Allahabad in WP No. 11368 of 2023 in the matter of UO] & Ors Vs S. K. Misra & Ors as it raises important questions of law of general public importance and the issue ts also pending consideration before the Hon’ble Supreme Court. A copy of opinion tendered by Ld. ASG is also enclosed herewith.
4. Meanwhile, it has come to the notice of this Ministry that Hon’ble Supreme Court vide their order dated 11.04.2023 (copy enclosed} has dismissed Civil Appeal No. 2471 of 2023 arising out of SLP (C) No. 6185 of 2020 {The Director (Admn. and HR) KPTCL & Ors Vs C. P. Mundinamani & Ors} with the following observations:

“In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs.”

5. Vide aforesaid order, the Hon’ble Supreme Court has interpreted the law involved and decided the issue of notional increment on merit through a detailed reasoned judgement dated 11.04.2023 taking into consideration all relevant judgements pronounced various courts of law on the issue of notional increment which have been decided in favour & also against the interests of Union of India. The aforesaid judgement would have far reaching implications and there is a high probability that the same would be cited/ highlighted by the petitioners in similar cases being contested before various courts of law seeking the benefit of notional increment which would eventually have a cascading effect on such cases including those dismissed or adjourned sine die subject to the outcome of SLP (C) No. 4722/2021 (UOL & Ors Vs M. Siddaraj),
6. Consequent to the said judgement, the issue of notional increment seems to have attained finality and the judgement pronounced by the Hon’ble Apex Court has become the law of land under Article 141 and all the lower courts are bound to abide by the same. Thus, the stand adopted by this Ministry in similar cases may get infructuous as very clear & specific directions have been given by Hon’ble Apex Court subsequent to the stay order dated 05.04.2021 in. M. Siddaraj SLP.
7. Such implications/ cascading effects would not be limited to this Ministry only, but, would also impact other Ministries/ Departments of Govt. of India to a greater extent. Accordingly, DOP&T is hereby requested to:

(i) Furnish the considered opinion/ views on the judgement dated 11.04.2023 pronounced by Hon’ble Supreme Court in SLP (C) No. 6185 of 2020 {The Director (Admn. and HR) KPTCL & Ors Vs C. P. Mundinamani & Ors}. (fr Merete 6

(ii) Apprise this Ministry of the action taken/ stand adopted by DOP&T in contesting/defending cases on the issue of notional increment consequent to above judgement of Hon’ble Apex Court.

(iii) Apprise this Ministry of remedial measures/ legal provisions, if any available, to safeguard the interests of Union of India in notional increment cases.

DA: As above

(Sundeep Pal)
Executive Director,
Pay Commission Railway Board
Tel. No. 011-47845117

Ministry of Personnel,
PG & Pension {Kind Attn: Shri Manoj Kumar Dwivedi,
Addl. Secretary (E)} (DOP&T),
Room No. 109, North Block,
New Delhi — 110001

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Notional Increment For Those Who Retd On 30 June | 30th June Retired Pensioners Notional Increment

Notional Increment on the Day of Superannuation – Railway Board Order on Increment issue

Concerned Branch to deal with issues of Notional Increment on the day of superannuation.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

Office Order No. 35 of 2020

(Amendment No. 37 to July
2013 edition of the subject list)

Sub: Concerned Branch to deal with issues of Notional Increment on the day of superannuation.

The issue as to which Directorate will deal with the subject relating to grant of Notional Increment on the day of superannuation, when the same was due on next day, exclusively for the purpose of fixation of pension was under consideration because of differences between concerned branch regarding processing of such cases.

2. It has now have been decided with the approval of the competent authority that all such case for grant of notional increment on the day of retirement which is at variance with 6th/7th CPC and existing provision for grant of increment under RSRP Rule be examined and handled by Pay Commission Directorate (PC-VI/PC-VII as the case may be). Post grant of notional increment the issue of Pension would be handled by F(E)-III unit. In case of any issue not related to 6th/7th CPC warranting grant of notional increment under FR rules would also be handled / coordinated by F(E) Directorate.

2. Henceforth all court cases / RTI reference /Railway reference / representation etc., would accordingly be handled by PC and F(E) Directorate respectively.

3, Accordingly, the subject list of F(E)-III and PC-VI/ PC-VII stands amended

E No. 2020/0&M/26/2
Dated:-11.05.2020

sd/-
(B. Majumdar)
Joint Secretary / Railway Board