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Thread: Retiring of employees born on Ist of January, 1928/1938/1946/1956 by the Government

  1. #21
    Senior Member Gopal Krishan is on a distinguished road
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    The OA filed by Shri Krishna, Hyderabad has been admitted as OA No. 1011 of 2017.
    Gopal Krishan

  2. #22
    Senior Member Gopal Krishan is on a distinguished road
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    My OA No. 3091/2015 has now been fixed for the 26th July, 2017 for arguments.
    Gopal Krishan

  3. #23
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    Quote Originally Posted by Gopal Krishan View Post
    My OA No. 3091/2015 has now been fixed for the 26th July, 2017 for arguments.
    Gopal Krishan
    The OA filed by Sh Kapoor is now listed for 12th July, 2017 for a reply by the respondent.
    Gopal Krishan

  4. #24
    Member JVSR is on a distinguished road
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    So far no forum has taken up our issue, those were having DOB 01/01/1956 and retired on 31/12/2015. Now, comparing the Junior, protection of pension was sorted out, similarly, difference in Commutation value, Leave encashment, Gratuity shall also be extended as per 7th CPC at par with the Govt Servants having DOB 2nd Jan. 1956. This type issue will happen once in 10 years during the Pay Commission Year.


    Also, it is highlighted, while extending the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 1st June and on 2nd May onwards are not entitled the benefit.


    Similarly, those who were having DOB 1st Jan. 1956 shall also be eligible of revised Gratuity, encashment of Leave & Commutation value as per 7th CPC.
    Once again requesting to the National Forums to raise this issue with the concerned authorities of Central Govt to grant the retirement benefits as per 7th CPC.


    jvsr krishna
    9441903448
    jvsrkrishna@gmail.com

  5. #25
    Senior Member Gopal Krishan is on a distinguished road
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    Dear Krishna,
    Perhaps you are aware that this matter was once taken up by the Bharat Pensioners Samaj with the Department of Pension in the year 2012. Subsequently a resolution was also passed by them during a meeting of the General Body. I remember once this was taken up in a meeting with the Minister also. But all this was half heartedly. They never pursued the matter. As such nothing has happened. Now what we can expect from them is that if they are serious and sincere about the genuine cause of all those born on the Ist January, 1928/1938/1946/1956, they should come up an join the cases we have filed in the CAT. At this stage taking up the matter with the Government may not be of any help as the matter is sub-judice. The point mentioned about Doctors could be of some help in the Court case. For that we would require more details, for which you have already approached the CPIO concerned under RTI Act.
    With regards
    Gopal Krishan

  6. #26
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    Dear Gopal Krishan ji, You are right and National Forums, whole heartedly shall take up our issue of those government servants having DOB 01/01/1956. The following is the simple example.
    NC JCM raised the following issue with DOPT for sanction of an Increment on completion of one year and retired on last day of the preciding month by virtue of having DOB 1st of July, and retired on 30th June.

    Based on the OM issued by the Tamil Nadu Government, our NC JCM writter a letter attaching Tamil Nadu Govt. OM and requested the DOPT to sanctiion the same to the Central Govt. employees. For the name sake, they represented, never bothered to make follow up action.

    Recently, I have raised RTI petition, requesting information on the subject, action initiated by the DOPT based on the letter written by the NC JCM, but shocked to receive reply to my RTI application, stating that, DOPT could not trace out the letter issued by the NC JCM. Subsequently, I have submitted copy of the letter written by the JCM NC which was traced in the NC JCM website and forwarded the same to DOPT, but no reply received so far from DOPT.

    This is the clear example of Government actions based on the representations submitted by the our National Forums.

    copy of the Letter written by JCM NC posted below with OM issued by the Tamil Nadu government for information to the website readers.

    Copy of letter submitted by Secretary, Staff side, NC JCM as follows:
    Shiva Gopal Mishra Ph: 23382286
    Secretary National Council (Staff Side)
    Joint Consultative Machinery for Central Government Employees
    13-C, Ferozshah Road, New Delhi

  7. #27
    Senior Member Gopal Krishan is on a distinguished road
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    Dear Krishna,
    Copy of the letter you tried to post is not complete.
    As rightly pointed out by you problem is with our leaders as well as with the DOPT. Earlier the Pensioners Samaj had taken up the matter in 2012 but did not pursue the same. Similarly inertial on the part of the DOPT/DPPW is creating all sorts of problems for us. My experience with both the Departments is that they are even not bothered for CIC's directions.
    What I feel is that we have to concentrate on the cases we have filed in Principal Bench of CAT, New Delhi. Those who are well wishers of aggrieved or suffered could come forward and join.
    The other day some one with the name Chaudhury from Bhaba Research Centre, Mumbari having date of birth as the Ist January, 1946 had spoken to me in this regard.
    Gopal Krishan
    9911178250

  8. #28
    Member JVSR is on a distinguished road
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    Those were having DOB 01/01/1956 and retired on 31/12/2015. Now, comparing the Junior, protection of pension was sorted out, similarly, difference in Commutation value, Leave encashment, Gratuity shall also be extended as per 7th CPC at par with the Govt Servants having DOB 2nd Jan. 1956. This type issue will happen once in 10 years during the Pay Commission Year. Also, it is highlighted, while extending the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 1st June and on 2nd May onwards are not entitled the benefit.
    Similarly, those who were having DOB 1st Jan. 1956 shall also be eligible of revised Gratuity, encashment of Leave & Commutation value as per 7th CPC.
    Once again requesting to the National Forums to raise this issue with the concerned authorities of Central Govt to grant the retirement benefits as per 7th CPC.

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    Avinash Kumar You r right and your view is centpercent correct who think about this. It totally a matter of injustice why such types of correction not made in rules because who cares
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  9. #29
    Senior Member Gopal Krishan is on a distinguished road
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    Comments of Avinash Kumar are in line with the observation of Kerala High Court. The Hon'ble High Court, in its one of the judgements had observed that the rules are vague. The High Court had observed that retiring in the afternoon of the 31st December and retiring in the forenoon of the Ist is one and the same. With this observation they had agreed with the judgement of the CAT, vide which the latter had given orders that the petitioner, who was born on the Ist Jan would retire on the Ist with all the attending benefits.
    Gopal Krishan

  10. #30
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    Default DA, GRATUITY, COMMUTATION FACTOR those having DOB 1/1/1956 & Retired on 31/12/2015

    Following are the issues for those Central Govt Servants retired on 31st Dec. 2015, and having DOB 01/01/1956.

    Dearness Allowance & Dearness Relief:

    As per the prevailing conditions, Govt of India sanctioning DA once in 6 months i.e. 1st Jan. & 1st July. Based on consumer price index, due to raise in the inflation for the period of once in 6 months i.e. 1st Jan. to 30th June & 1st July to 31st December respectively DA being sanctioned to those Central Govt. employees and as DR to the Central Govt. Pensioners. This DA/DR is cumulatively added every month, for administrative convenience, it was being sanctioned once in 6 months. For those Central Govt. employees who were having DOB 1st of any month are being forcibly superannuated on the last working day of the preceding month. Particularly, those who were having DOB 1st Jan. & 1st July, though they have completed 6months, sanctioned DA was not considered for calculating Retirements viz. Gratuity & Leave encashment purpose.

    whether a retired Government servant is entitled for revised rate of D.A., which comes into force after such Government servant retires from service on attaining the age of superannuation.

    As per the Honble. CAT judgement, DA was allowed for calculation of retirement benefits; to those retired on 30th June (DA was sanctioned next to their retirement date. The said case was appealed in Honble. High Court of A.P. the WP was dismissed, further, Govt. of India appealed as SLP in Honble. Suprem Court of India, there also it was dismissed.
    Orders were issued for implementation of DA to the Central Govt. Servants, who were working in Accountant General Office, Hyderabad. The same was implemented.

    Since, it is a common issue, individuals who were worked in various Departments of Central Govt. should not insisted that who ever will proceed litigation, it will be implemented. It shall be implemented across the board to all the employees to save the money & man power of Govt. of India to avoid litigations.


    References:

    a) CAT Hyderabad Bench OA No.552 of 2003;
    b) High Court , Andhra Pradesh WRIT PETITION NO.26506 OF 2012 dt.11/9/2012
    c) Supreme Court SLP No.16237/2013 dt.27.10.2014
    d) Through Lr No.PAG(G&SSA)/Legal Cell/RTI/F.No.118/2016-17/D.No.45 dt.02/11/2016 intimated that Supreme Court order was implemented for payment of Retirement Gratuity & cash equivalent to leave salary.

    Gratuity::

    According to Rule 83(1) of the Pension Rules, Pension becomes payable from the date on which Government servant ceases to be borne on the establishment (emphasis given). A Government servant continues to be borne on the establishment till midnight of the date of superannuation. The decision of the Hyderabad Bench of this Tribunal in T. Krishna Murthy 's case (supra) cannot be brushed aside out by the learned Counsel for the respondents. Retirement may be by voluntary or on superannuation. The principles for payment of pension will not vary on the basis of these distinctions. According to us, "afternoon of 31st March or forenoon of 1st of April means one and the same thing and on this balance also we see no reason to hold that the said case is not applicable to the present cases. In short, we are of the view that in the present cases the effective date of retirement would be 01.04.1995 and not 31.03.1995.
    The decision of the Supreme Court in UOI v. P.N. Menon and Ors. CA No. 417 of 1987 and several other cases relied on by the learned Counsel for the respondents in support of his contention need no attention, because they are not exactly or remotedly on the point under consideration. The OM dated 14.7.1995 is not challenged in these cases and, therefore, the argument tried to be made with reference to cut off date or financial, implications in these cases, is misplaced. A Government servant completing the age of superannuation on 31.03.1995 and relinquishing charge of his office in the afternoon of that day is deemed to have effectively a retired from service with effect from 01.04.1995."
    As per law laid down by the Full Bench supra we hold that the applicant has effectively retired from service with effect from 1.4.95. In view of the fact that the applicant is deemed to have retired on 1.4.95, the benefit of OM dated 14.7.95 (supra) would be made applicable to him for all purposes. We hold so accordingly.
    In the result we allow this OA and direct the respondents to treat the applicant to have retired with effect from 1.4.95 and pay him the benefits as enumerated in the OM dated 14.7.95. This exercise must be carried out within a period of three months from the date of receipt of a copy of this order. No costs.

    References:

    1. Central Administrative Tribunal – Delhi OA No.1151/2000Mrs. Kamla Gupta vs Commissioner, Kendriya ... on 2 January, 2001 &
    2. WP(C)No.5376/2001 filed by the KVS, The said WP has been dismissed for non-prosecution vide Honble. High Court Order dated 01/08/2012 and
    3. SLP was not filed in the Supreme Court of India.
    4. Vide Lr No.18(1701)1602/94-KVS(HQ)/P&I/3175-78 dated 10/03/2017, the said letter received thru RTI stating that revised Gratuity was implemented.


    Similarly in the case of Govt Servants who were having DOB 01/01/1956 and forced to retire on 31st Dec. 2015, since Gratuity amount was enhanced from Rs.10 lacks to Rs.20 lacks, and orders effective from 01/01/2016, the same shall be made applicable in our case also like one Mrs. Kamal Gupta of KVS.

    Commutation Factor::

    1. At the age of 61 years commutation factor is 8.194.
    2. An individual Govt Servant having DOB 2nd of the month onwards, the next birthday will fall on from 2nd onwards.
    3. An individual Govt Servant having DOB 1st, his next birthday will be only on 1st.
    4. As per FR 56(a), if the individual Govt Servant having DOB 1st, he is forced to retire on last working day of preceding month.
    5. At that time, he is not completing 60 years on that day, his next birthday will be fall on 1st of next month only. (If is having DOB 1st Jan. retiring on 31st Dec. his next
    birthday will be only on 1st Jan.)

    6. Then commutation factor shall be 8.287 and cannot be 8.194[/SIZE]

    Doctors retirement extension wef 31st May, 2016:.

    Based on 3 Doctors representation who were retiring on 31st May, requested to the Secretary, Ministry of Health & Family Welfare to extend the benefit extension of retirement from 31st May, Government considered the same and extended the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 2nd May to 1st June onwards are not entitled the benefit.

    Those who were having DOB 1st Jan. 1956 and are forced to retire on 31st Dec. 2015. Since, 7th CPC made applicable from 01/01/2016, Govt. Servants who were retired on 31st Dec.2015 and 31st Dec. is the working day, Pay & Allowances are drawn for that day also, retirement is effected after midnight 12 o’clock only. However, now Govt. considered to revise the Pension at par with those who are in service as on 01/01/2016.
    As such there is vast difference in retirement benefits nearly Rs.15 lacs. Hence, Govt. shall consider to get eligibility for revised Gratuity, encashment of Leave & Commutation value as per 7th CPC for those Govt. Servants having DOB 01/01/1956 and retired on 31/12/2015.
    Last edited by JVSR; 27-06-2017 at 09:20 PM.

  11. #31
    Senior Member Gopal Krishan is on a distinguished road
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    Dear Krishna
    As discussed all these are legal grounds in support of our case. My case is coming up on 26th July. I will make use of these legal points. In fact, as you are aware, we have already incorporated these grounds in my rejoinder. Of course doctors matter has not been incorporated in the rejoinder. In fact the same does not help our case.
    Gopal Krishan
    Last edited by Gopal Krishan; 06-07-2017 at 02:24 PM.

  12. #32
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    On the request of the Govt Servants who were retired on 31st Dec and having DOB 01/01/1956 and documents secured thru RTI & other sources, the following issues were raised by the Bharat Pension Samaj with the DOPT, DoPPW & Dept of Expenditure, Govt. of India.

    1. Grant of DA those who were retired on 30th June & 31st Dec. which was declared next day of their retirement i.e. from 1st Jan. & 1st July for calculation of Gratuity & Leave Encashment purpose. Eg. Govt. servants retired on 31st Dec. 119% of DA taken for calculation, whereas DA was declared on 1st Jan. 16 is 124%, this DA was eligible for calculation of Gratuity & Leave encashment as per the Supreme Court verdict.

    2. Revision of Gratuity: Principal Bench, CAT, New Delhi delivered the judgement revision of Gratuity eligible to Smt. Kamla Gupta who was retired on 31/3/1995, where as Gratuity was revised from 01/04/1995, as per the judgement, retirement of afternoon of last working day i.e. 31st March afternoon and fore noon of 1st April is one and the same. Hence, in her case revised Gratuity is eligible. When Department filed WP in Hon. High Court, Delhi, due to non prosecution by the Govt. the case was dismissed, and Principal Bench CAT orders implemented in her case in the month of March 2017.

    Based on the above judgement, on our request BPS raised the issue with the Government of India, let us hope for positive action.

    jvsr krishna
    9441903448
    jvsrkrishna@gmail.com

  13. #33
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    copy of the letter written by the BPS (Bharat Pension Samaj) is reproduced below for information to all the similarly placed govt servants.

    jvsr krishna
    jvsrkrishna@gmail.com
    9441903448

    To
    1)The Secretary,
    M/O Finance Department of Expenditure
    Room 129-A, NB N.Belhi 110001
    (Kind attention Sh. Ashok Lavasa)

    2) The Secretary (P),
    Department of personnel & Training,
    Ministry of Personnel, Public Grievances & Pensions,
    Room No 112 North Block,
    New Delhi-110001
    (Kind attention Sh AJAY MITTAL)

    3) The Joint Secretary,
    GOI M/O Personnel, PG & Pension-DOP & PW
    (Kind attention of Sh Sanjiv Narain Mathur)
    3 rd floor Loknayak Bhawan ,Khan Market , New Delhi -110003

    Sir,

    Sub: Enhancement of gratuity,leave salary and all retiral benefits to similarly placed pensioners in light and spirit of PCAT Delhi OA 1151/2000 order dated
    02.01.20012. in the case of Smt Kamla Gupta and PCAT Hyderabad OA 552 of 2003, H C (AP) WP 26506 of 2012 & SLP No 16237/2013 order dated 27.10.14
    in the case B. Chandra Shekhara Rao & others**V Pricipal Accountant Gen. (Audit).
    Sir,

    Under signed seek to draw attention to the case of Mrs. Kamla Gupta vs Commissioner, Kendriya Vidyalay (PCAT Delhi OA No.1151/2000) and Principal
    Accountant Gen (Audit) Vs. B. Chandra Shekhara Rao & others ( PCAT Hyderabad OA552/2003,WP 26506/2012 SLP 16237/2013 decided on 2014 ).
    Both these cases have attained legal finality and the aggrieved have been paid their dues accordingly.It stands established (1) That retirement may be by voluntary or
    on superannuation.The principles for payment of pension will not vary on the basis of these distinctions.(2)That,“afternoon of 31st March or fore noon of 1st of April means one and the same thing. In short, the effective date of retirement would be 01.04.1995 and not 31.03.1995”. i.e. After noon of last day of the month on which an employee retires and the forenoon of the next day means the same thing and that he/she is entitled.

    Sir,Similarly placed persons cannot be treated differently otherwise, it will infringe constitutional provisions enshrined in Articles 14 and 16. And Honorable
    Apex court Judgments in the case of Inder Pal Yadav Vs Union of India {1985 (2) SCC 648}and Amrit Lal Beri V CCE {1975(4)SSC714} wherein it was held that
    relief granted by court is to be given to other similarly situated employees without forcing them to go to court for similar benefits. ‘Bharat Pensioners Samaj’ shall be highly obliged, if suitable orders are issued extending the benefit of quoted judgements to all similarly placed pensioners relaxing proviso of FR 56 and SR 5A.

    Thanking you in anticipation.

    Yours faithfully,

    Er. S.C.Maheshwari
    Secy Genl / BPS
    Last edited by JVSR; 25-07-2017 at 11:20 AM. Reason: for proper format

  14. #34
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  15. #35
    Senior Member Gopal Krishan is on a distinguished road
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    Mr. Krishna,
    My case has been adjourned to the 30th August, 2017. What about your case and the case filed by Kapoor?
    I would request you to post the matter about the increment allowed by the Tamil Nadu Government to those born on the Ist Jan/July having that date as the date of increment.That may also be one of the grounds for justification of our pleas in addition to what we have already stated in our petition. Those interested may like to react on that either on this forum or on telephone either to you or me,as hitherto.
    Gopal Krishan

  16. #36
    Senior Member Gopal Krishan is on a distinguished road
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    Dear Mr Krishna,
    As discussed earlier these are important points, which would help us in our case. My case has been adjourned to 30th August, 2017. What about your case and the case of Kapoor?
    Please post the order of Tamil Nadu about increment. As the same would also give an additional ground for our case. We may also get some reaction from those interested in the matter either through posts on this thread or through telephone either to you or me as hitherto.
    Gopal Krishan

  17. #37
    Member JVSR is on a distinguished road
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    INCREMENT:

    In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GO No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionery benefits and not for any other purpose.
    When Tamil Nadu Govt. could resolve the issue "granting increment" for those Govt Servants served total one year, at least notional increment for the purpose of pensionery benefits, why the Central Govt. (Model Employer) hesitating to implement the same. Hence, it should be resolved with out any further loss of time.
    OLOR="white"][/COLOR]
    jvsrkrishna
    9441903448
    jvsrkrishna@gmail.com

  18. #38
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    INCREMENT:

    In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GO No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionery benefits and not for any other purpose.
    When Tamil Nadu Govt. could resolve the issue "granting increment" for those Govt Servants served total one year, at least notional increment for the purpose of pensionery benefits, why the Central Govt. (Model Employer) hesitating to implement the same. Hence, it should be resolved with out any further loss of time.

    jvsr krishna
    jvsrkrishna@gmail.com
    9441903448

  19. #39
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    My case posted for filing the Govt reply 11th Oct. 2017.

    jvsr krishna
    Last edited by JVSR; 28-07-2017 at 02:49 PM.

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    [B][FONT=&quot]Tamil Nadu Revised Scales of Pay Rules Tamil Nadu Revised Scales of Pay Rules, .2009 – Grant of notional increment to Government Sen/ants who retires on superannuation on the preceding day of increment due date – Orders – Issued.
    FINANCE(CMPC) DEPARTMENT
    G.O.Ms.No.311
    Dated: 31-12-2014.
    Margazi,16.
    Thiruvalluvar Aandu, 2045.
    READ
    1. G.O.Ms.No.234, Finance (PC) Department, dated: 1-6-2009.
    2. G.O.Ms.No.123, Finance (PC) Department, dated: 10-4-2012.
    ORDER:
    As per the provisions under Fundamental Rules 26 (a), the annual increments of the Government Servants are regulated in four quarters viz. 15th January, 15th April, 1st July and 1st October. However, there is npo provision in the Fundamental Rules to sanction annual increments in the case of the Government Servants who have rendered one full year of service and retires on superannuation on the last date of completion of one year and their increment due date falls on the next day of superannuation. As such an anomalous situation arises in the case of those Government Servants who retires on the 31st March, 30th June, 30th September and 31st December, as the case may be, inspite of the fact that they haVe completed one full year of service which are countable for increment as per Fundamental Rules 26(a), (b), (bb), (c) and (d) as the case may be, and on the date ‘of retirement.
    2) The above issue was-brought to the notice of Pay Grievance Redressal Cell constituted in the Government Order second read above by several Employees Association for due rectification. The Pay Grievance Redressal Cell, among others, has recommended that “when date of increment of a Government Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively”.
    3) After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.
    4) Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately.
    (BY ORDER OF THE GOVERNOR)
    K.SHANMUGAM,
    PRINCIPAL SECRETARY TO GOVERNMENT.
    Last edited by JVSR; 28-07-2017 at 10:16 PM.

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