Haryana G.O – Grant of National Increment on completion of 12 Months of Service on 1st of July of a Calendar Year
Government of Haryana
No. 6/183/2018-4PR (FD)
1. All of the Administrative secretaries in Haryana State.
2. Al of the Heads of Departments in Haryana State.
3. All of the Divisional Commissioners in Haryana State.
4. All of the Deputy Commissioners in Haryana State.
5. All of the SDOs (Civil) in Haryana State.
Date Chandigarh the: 3.4.2019
Subject: Grant of National Increment on completion of 12 Months of Service on 1st of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. – Dealing with the Pending/ Under Consideration Cases.
I have been directed to refer to the subject cited above and to state that the hon’ble Madras High Court vide its Judgment dated 15.9.2017 in CWP No. 15732 of 2017-P. Ayyamperumal Vs. Union of India had allowed an Annual Increment on national basis for the purpose of Pensioner benefits to the petitioner on 1.7.2013 who had otherwise retired on 30.6.2013 . The rationale of the Judgment was that the Increment has to be granted on completion of one full year of service and since the employee concerned had retired on 30.6.2013 after rendering the full length of service of one year from 1.7.2012 to 30.6.2013 he was allowed the Annual Increments as on 1.7.2013 on national basic for the purpose of pensioners benefits. This Judgement was later on upheld in the Hon’ble Supreme COurt in SLP No. 22283 of 2018 – Union of India Vs. P. Ayyamperumal, decided on 23.7.2018.
A number of cases on the same lines are being received comprising administrative proposals, Judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of Judgement of hon’ble Supreme Court ibid. Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have been pouring in regularly relying upon the judgment of Hon’ble Supreme Court ibid.
In view of the above the matter was considered meticulously Weighing all possible pros and cones and since judgment of hon’ble Supreme Court ibid has been delivered in a case where Central Govt. Was Party, the Central Govt. has, therefore, been requested vide this Department letter dated 28.3.2019 to apprise of the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly. This request has been sent to Central Govt. Since the remedy of Review Application and Curative Petition still subsists with it and it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of India. A copy of request dated 28.3.2019 sent to Central Govt. is attached herein.
In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly. In the decided cases where in a direction has been issued by the Hon’ble High Court/ Ld. Courts to decide the Representations/ Legal Notices of the petitioners, the Petitioners/ Counsel of Petitioners may be informed accordingly. Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed of in the same terms informing the factual position to the Employees /Counsels concerned. The next line of action will be informed in due course.
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana