Tuesday, 29 October 2019

Madras High Court Order - Notional increment of pensionary benefits

Madras High Court Order - Notional increment/re-fixation of pensionary benefits

Notional-Increment-Pensioner-Benefits-Madras-High-Court-Order


F.No.A-23011/36/2013-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
North Block, New Delhi,
Dated the 18 October, 2019
To,
All Pr. Chief Commissioners / Chief Commissioners / Director General under CBIC,

Subject: Grant of notional increment / re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No. 15732/2017 in the case of Sh.P.Ayyamperumal - regarding.

Sir/Madam,

1. I am directed to inform that the Order dated 15.09.2017 of the Hon’ble High passed in the matter of P.Ayyamperumal’s case (WP No.15732/ 2017) is in personam and not in in rem. Therefore, the CBIC has implemented the High Court’s order in personam after dismissal of review petition filed in the Supreme Court, for petitioner only which would not be quoted as precedent in future.

2. A number of cases on the similar grounds are pending at various fora, and similar demands from other similarly placed officers could also arise after Hon’ble Supreme Court’s Order dated 08.08.2019 in R.P.(C) No.1731/2019. Keeping this in mind, a request was made to DoPT seeking their opinion about the future course of action to be taken in case pertaining to similarly placed applicants and non ­applicants.

Also check: Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order

3. DoPT has now informed that Deptt. of Legal Affairs have observed that:
"It is very clear that the judgment of Hon’ble High Court of Madras passed in the matter of Sh. P.Ayyamperumal is in personam and not in rem."
4. Based on the above, DoPT has informed that in so far as other similar cases are concerned, the same may be defended on following grounds:-

4.1 In so far as P. Ayyamperumal case is concerned, it is stated that the judgment of Hon’ble High Court of Madras is in personam.

4.2 Further, the case of Sh. M Balasubramaniam referred by Hon’ble High Court in it’s judgment in P. Ayyamperumal case is related to Fundamental Rules of Tamil Nadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

4.3. It is relevant to mention here that in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, in C.Subbarao case, has inter-alia observed as under:

In support of the above observations, the Division Bench also placed reliance on Banerjee case (supra). We are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement. We have already made reference to all Rules governing the situation. There is no warrant to come to such conclusion. Increment is given (See Article 43 of CS Regulations) as a periodical rise to a Government employee for the good behavior in the service. Such increment is possible only when the appointment is “Progressive Appointment” and it is not a universal rule.

Also read: Grant of Notional Increment on completion of 12 Months of Service

Further, as per Rule 14 of the Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of Consolidated Fund of India and continues to be in Government service. A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article 151 of CS Regulations), because he would not answer the tests in these Rules.

Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because, as observed by us, Banerjee case (supra) does not deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly overrule the judgment in Malakondaiah case (supra).

4.4 In addition, subsequent to the judgment of Hon’ble High Court of Madras in P. Ayyamperumal’s case, Hon’ble CAT Madras Bench vide its orders dated 19.03.2019 in 0.A. No. 310/00309/ 2019 and O.A. No. 310/00312/ 2019 and Order dated 27.03.2019 in O.A. No. 310/00026/ 2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

5. Accordingly, it is requested that all the pending / future court cases on the similar issue should be defended/ dealt with adequately on the above lines.
Yours faithfully,
sd/-
(A.K. Mishra)
Under Secretary to the Government of India

DoPT Notification regarding RTI Rules 2019

Notification regarding RTI Rules 2019

DoPT Orders 2019

DoPT Orders 2019 - RTI Rules 2019

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 24th October, 2019

G.S.R. 810(E).- In exercise of the powers conferred by clauses (ca) and (cb) of sub-section (2) of section 27 of Right to Information Act, 2005 (22 of 2005), the Central Government hereby makes the following rules, namely:-
CHAPTER I
PRELIMINARY

Short title and commencement.- (1) These rules may be called The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner,Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.
Get More: Latest DoPT Orders 2019
CHAPTER II

2. Definitions.- (1) In these rules, unless the context otherwise requires, -

(a) “Act” means the Right to Information Act, 2005 (22 of 2005);
(b) “Central Information Commission” shall have the same meaning assigned to it under clause (b) of section 2 of the Act ;
(c) “Chief Information Commissioner” and “Information Commissioner” shall have the same meaning assigned to it under clause (d) of section 2 of the Act;
(d) “State Chief Information Commissioner” and “State Information Commissioner” shall have the same meaning assigned to it under clause (l) of section 2 of the Act;
(e) “State Information Commission” shall have the same meaning assigned to it under clause (k) of section 2 of the Act.
(2) The words and expressions used and not defined under these rules, but defined in the Act shall have the same meaning as respectively assigned to them in the Act.

CHAPTER III

TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE CHIEF INFORMATION COMMISSIONER AND INFORMATION COMMISSIONER IN THE CENTRAL INFORMATION COMMISSION

3. Term of office.- The Chief Information Commissioner, or Information Commissioners, as the case may be, shall hold office for a period of three years from the date on which he enters upon his office.

4. Retirement from parent service on appointment.- The Chief Information Commissioner or Information Commissioners, as the case may be, who on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as Chief Information Commissioner or an Information Commissioner in the Central Information Commission.

5. Pay.- (1) The Chief Information Commissioner shall receive a pay of Rs. 2,50,000 (Rupees two lakh and fifty thousand)(fixed) per mensem.
(2) An Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem.
(3) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment is, in receipt of any pension, the pay of such Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity;

(4) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his pay in respect of the service as the Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of pension equivalent to the retirement benefits.

6. Dearness Allowance. - The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

7. Leave.- (1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

(2) In case the Chief Information Commissioner, the competent authority to sanction the leave shall be the President of India and in case of the Information Commissioners, the Chief Information Commissioner shall be the competent authority.

8. Cash Payment in lieu of unutilised Earned Leave.- The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to encashment of fifty per cent. of earned leave to his credit at the time of completion of tenure:

Provided that for a Chief Information Commissioner or an Information Commissioner, as the case may be, who had retired from the service of the Central or a State Government prior to appointment as a Chief Information Commissioner and Information Commissioner, as the case may be, the aggregate period for which the encashment of unutilised earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time.

9. Medical Facilities.- The Chief Information Commissioner and Information Commissioners, as the case may be, shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the Chief Information Commissioner and Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944.

10. Accommodation.- (1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the Central Government on the payment of the license fee at the rates prescribed by Central Government from time to time.

(2) Where Chief Information Commissioner or an Information Commissioner is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule (1), he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government.

11. Leave Travel Concession, Travelling Allowance, Daily Allowance.- The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the Central Government as far as may be, apply to the Chief Information Commissioner and Information Commissioner, as the case may be.

Source: DoPT

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