Grant of Notional increment to employees retiring on 30th June and 31st December – CAG advices to implement the order of Allahabad High Court and similar orders
संख्या. 678-LC/34-2020 Vol.II
भारत के नियंत्रक-महालेेखा परीक्षक का कार्यालय
OFFICE OF THE COMPTROLLER
AND AUDITOR GENERAL OF INDIA
दिनांक/Date 12.06.2023
सेवा में,
Sr. Deputy Accountant General (DACC),
Office of the Accountant General (A&E)-I,
20, Sarojini Naidu Marg,
Uttar Pradesh,
Allahabad — 211 001
विषय:- Cases related to grant of Notional increment to employees retiring on 30th June and 31st December.
महोदय/महोदया,
Pl refer to the subject cited above. It is to state that in view of the decision of Hon’ble Supreme Court of India dated 19th May, 2023 in SLP (C) No. 4722/2021 in the matter, you are advised to implement the orders dated 23.12.2022 and 13.02.2023 of the Allahabad High Court, orders dated 18.11.2021, 20.12.2021 and 10.02.2021 of CAT, Allahabad and similar orders passed by the Court/Tribunal and allow the benefit of notional increment to the pensioners who are Party to the cases.
This issues with the approval of the Competent Authority.
Yours faithfully
( ए.फणि राव )
उप निदेशक (विधि)
Copy to:
All Offices of IA&AD situated in Uttar Pradesh for information and compliance.
( ए.फणि राव )
उप निदेशक (विधि)
COMMENTS
Does this is applicable for those who party the case .or for all who retired on 30june
If the judgement is implemented for those who had gone to the court, it is a wrong interpretation, as pensioners is a class. The honble Prime Minister himself said that we should not encourage people to go to courts if there is an order, and that too by the highest court- SC, it should be implemented for all similarity placed . Hopefully, a good sense would prevail. Let us wait for a positive action.
From which year onwards the implementation will be admissible
The departments of The Central government are politically affiliated bodies , hence they act in contravention of the court,s orders but not the orders of the Supreme Court of India being the highest institution of justice ,but the C& AG is the independent organisation not being affiliated by any political party or person hence is supposed to act fairly & indiscriminately on the issues especially the service matters of central employees cleared by the highest authority of justice the Supreme Court of India. Therefore, of C& AG for implementation of Supreme Court verdict on notional increment to 30 th June retirees who were in the case does not seem to be justified since the highest court gave clear cut decision dated 11.04.2023 on the subject rejecting all points raised by the Dopt. the government of India & nothing is left to put if & but in the matter. A general order is required to be issued to all similarly placed pensioners or non petitioners.
सही कहा आपने
Yes. Very much true. An order should be issued by DoPT to clarify the issue. If the order has been issued by the highest authority that is the Supreme Court of India, then the notional increment should be given to all eligible employees, whether they were party to the case or not.