Thursday, 19 December 2019

Pension Benefits of VRS (Voluntary Retirement Scheme) and Resignation - Supreme Court Judgement

Reportable 

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No. 9076 of 2019
@SLP (C) No. 6553 of 2018

BSES Yamuna Power Ltd.                                                                      …Appellant

Versus

Sh. Ghanshyam Chand Sharma & Anr.                              …Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1.    By its order dated 26 May 2017 a Division Bench of the High Court of Delhi upheld the judgement of a Single Judge dated 21 March 2017 granting pensionary benefits to the first respondent. The judgement of the Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had „voluntarily retired‟ and not „resigned‟ from service. The appellant challenges these findings in the present appeal.

 "On the issue of whether the first respondent has served twenty  years, we are  of  the  opinion  that  thequestion  is  of  nolegal  consequence  to  the  present dispute. Even  if  the  first  respondent  had  served  twenty  years,  under  Rule  26  of the  CCS  Pension Rules  his  past  service  stands  forfeited  upon  resignation. The first respondent is therefore not entitled to pensionary benefits. "

Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification

Statutory Rules and Orders issued by the Ministry of Defence

Ministry of Defence

New Delhi, the 11th December, 2019
THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attach├Ęs in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attach├Ęs in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.


(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries.

(d)(i) (aa) Period prior to the date of falling sick
By adjustment against future Annual Leave entitlement.

(ab) 30 Days from the date of falling sick
As Sick Leave with full pay and allowances.

(ac) Next 30 days
By adjustment against future Annual Leave entitlement.
(ii) (aa) Cases in which treatment is taken in Military or Civil Government Hospital
By the Commanding Officer of the ship or Establishment.

(ab) Cases in which treatment is taken at home
By the Commanding Officer of ship or establishment upto a maximum of 30 days and by the authority mentioned below upto a maximum of 60 days:-(aa) Commanding Officer of the ship of the rank of Captain or above if the ship does not have any Squadron Senior, but if the Commanding Officer is of the rank of Commander or below, then Administrative Authority in respect of sailors borne on the books of ship under his administrative control. (ab) Senior Officer of the Squadron if of the rank of Commander or above in respect of sailors borne on the books of the ship of his Squadron.
(ac) Administrative Authority, if the Senior Officer is of the rank below that of a Commander in respect of sailors borne on the books of the ship of his Squadron.
(ad) Commanding Officer of the shore establishment in respect of sailors borne on the books of his establishment.

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

Calculation Date of Next Increment (DNI) in Promotion – Questions and Answers of Rajya Sabha 2019

Clarification on Date of Next Increment (DNI) in Promotion – Rajya Sabha Questions and Answers 2019

In Rajya Sabha on 10.12.2019, a question was raised regarding the determination of date of next increment for Central Government employees. The Minister of State for Finance Shri Anurag Singh Thakur has replied in written form as follows…

“In case an employee, promoted between 2nd January and 30th June (both inclusive), opts for pay fixation from the date of next increment i.e., 1st July, the first increment on the level to which he/she has been promoted will be on following 1st January”.

Also he said, as per Department of Expenditure’s O.M. No. 4-21/2017-IC/E.III(A) dated 28.11.2019, the employee promoted on any other date than the date of annual increment and exercises the option under FR 22(1)(a)(1) for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, would be allowed the 1st increment in promotional grade on 1st January 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July / 1st January (i.e., the date of increment in lower grade).

Source: DoPT & MoF Orders

Flash News

9 hours of work is a normal working day for central government employees

9 hours of work is a normal working day for central government employees Central Government Employees Latest News Number of Hours o...