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Showing posts with label Increment. Show all posts

Regarding Date of next increment- Rule 10 of CCS (RP) Rules, 2016

F.No.4-21/2017-IC/E.III(A)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated 31st July,2018
OFFICE MEMORANDUM

Subject: Date of next increment- Rule 10 of CCS (RP) Rules, 2016

The undersigned is directed to invite attention to Rule 10 of CCS (RP) Rules 2016 which provides, inter alia, that there shall be two dates for increment namely 1st January and 1st July of every year, instead of the provision of one date of increment on the 1st July during the 6th Pay Commission pay structure. The Rule further provides that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgradation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

2. The proviso to Sub-Rule 2 of Rule 10 of CCS (PR) Rules, 2016 provides that the next increment after drawal of increment on 1st day of July 2016 shall accrue as on 1st day of July 2017.

3. A number of references has been received in the Ministry of Finance seeking clarification whether, in case of an employee promoted on 1st July 2016, whose pay was fixed on 01/07/2016 in terms of the rules governing fixation of pay on promotion, the next increment may be allowed on 1st January 2017 or on 1st July 2017.

4. The matter has been considered. During the regime of pay structure obtaining immediately prior to 01/01/2016, when the annual increment was admissible uniformly on 1st July every year, the increment was admissible on 1st July, provided the condition of 6 months’ service was fulfilled. Thereafter, the next increment used to be given after a period of 12 months.

5. Accordingly, keeping in view the principle followed during the period before 1.1.2016 immediately prior to coming into force of the CCS(RP) Rules,2016 which has been modified in the revised pay structure in terms of Rule 10 thereof by way of 2 dates of increment on 1st January and 1st July, it is clarified that in case an employee is promoted or granted financial upgradation including upgradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS(RP) Rules,2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

6. This order is issued in consultation with the office of C&AG in its application to employees working in Indian Audit and Accounts Department.

7. Hindi version of this order is also attached.

S/d,
(Ram Gopal)
Under Secretary to the Government of India


Source : https://doe.gov.in/sites/default/files/Rule%2010%20Clarification.pdf
Signed Copy










Implementation of Judgement to grant increment for pensionary benefit to employees retiring on 30th June: Ministry of Personnel, PG & Pension Statement

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 427
ANSWERED ON: 12.12.2018

Judgement on Writ Petition

ASADUDDIN OWAISI
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Hon. Madras High Court ruled that employees retiring on 30 June are entitled for increment on 1st July of that year for pensionary benefit as they retire after completion of that year’s full service; 

(b) if so, the details thereof; 

(c) whether Hon. Supreme Court has dismissed the petition filed against the Madras High Court’s above judgement; 

(d) if so, whether the Government has issued orders regarding granting annual increment to those employees who are retiring on 30th June after completion of one year of service; 

(e) if so, the details thereof and if not, the reasons therefor; and 

(f) the time by which such orders are likely to be issued in this regard?


ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) & (b): No, Madam. High Court of Madras in Writ Petition No. 15732/2017 has granted relief personal to the petitioner. 

(c): Yes, Madam.

(d) to (f): As the judgment is in personam and contrary to the personnel policy of Government of India, the question of issuing a general order does not arise.
******


Source: Lok Sabha

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2017
CORAM
THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.P.No.15732 of 2017
P.Ayyamperumal …
Petitioner

-vs-

1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
High Court Complex,
Chennai-600 105.

2.Union of Indirep.by
the Chairman, CBEC,
North Block,
New Delhi-110 001.

3.Union of India rep.by
Department of Personnel & Training
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
“D” Block, I.P.Bhawan, I.P.Estate,


New Delhi-110 002.

.. Respondents

Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917/2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benefits including the pensionary benefits.

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