Shiva Gopal Mishra
National Council (Staff Side)
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi - 110001
Dated: July 6, 2015The Secretary(Personnel),
Department of Personnel & Training,
Ministry of Personnel, Grievances and Pensions,
Sub: Grant of increment for those who have completed one year on the day of superannuation
We solicit your kind reference to item No.14 of the 43rd Meeting of the National Council, demanding grant of one increment in the case of those persons who complete one year on the day of their superannuation. was discussed several occasions, but was not agreed upon by the Official Side. The Official Side took the stand that the of the stipulated one year being the day on which the official retires, he cannot be granted one increment for having completed one year only the next day and for doing so, one has to be on duty. The fact that the official has completed the requisite one year for earning an increment was unfortunately glossed over. The Staff Side was also told later that the case filed by one of the officials in the Central Administrative Tribunal against denial of increment was turned by the Court. No doubt, grant of increment in a deserving case is an executive decision and no court will be able to compel the Executive to exercise their powers in a particular manner. In fact, the ought to have appreciated the fact that the demand is on justified ground and the technicalities should not have come in the way to deny justice.
We now send you a copy of the GO issued by the Government of Tamilnadu, granting one increment on the date of superannuation in the case of those personnel who have completed one year of service. In the light of the decision of the Government of India that the grant of increment can be resorted to even in the case of a person who has completed at least six months in order to bring in uniformity in the date of increment of all Government employees as per the recommendation of the 6th CPC, earlier stand of the Official Side is not at all tenable. Since there had been no meeting of the National Council for the past five years, this matter could not be pursued through discussions.
We request you to kindly consider the matter afresh, especially in the background of the GO. of the Government of Tamilnadu and issue orders to settle the justified demand.
(Shiva Gopal Mishra)