BHARAT PENIOSNERS SAMAJ
(All India Federation of Pensioners’ Association)
One notional increase for retired employees on 30 June after the completion of 1 year
No.SG/BPS /01/20/16
Dated: 16.01.2020
To
The Union Minister of Finance
The Union Minister of Law & Justice
The MOS (PP) PMO
Secy , DOPT
JS, DOP & PW
Subject : One notional increment to those retired on 30th June after completion of 365 days
Madam / Sir,
Constitution of India is sacrosanct, Government Policies & Rules have to be in Synchronization with the constitution. In case of variations Policies & Rules need to be amended to suit the provisions of the constitution of India.
“Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. (State of U.P. [(1969) 1 SCC 817])) Pensioners form a homogenous group (D.S. Nakara & Others vs Union Of India on 17 December, 1982) Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 wherein it was HELD: Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. Principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another.
Also check: Retirement guide for a central government employees
Madam / Sir, Answers to Lok Sabha unstarred Q No 427 & 2027 (copies attached ) seek to introduce discrimination among Similarly placed.
The judgments under reference may be in Persona, REM or Supra. The fact remains that the honorable courts decided an issue relating to pensionary benefit and that UOI was one of the party to the case as such to ensure equality under Article 14 of constitution it need to be applied to all similarly placed and not only to appellant.
Honourable PM (in his speech in Golden Jubilee celebration of Dethi High court) as well as Honourable Supreme Court through pronouncements in several of its judgements has said that the issue once decided should apply to all similarly placed. MOD through its circulars CGDA, Ulan Batar ‘Road, Palam-Delhi Cantt No AN/III/ 3012/Circular/Vol.VII Dated 30.10.18 and GOI Ministry of Defense D(CMU), Sena Bhawan, New Delhi, Dated 07.09..2018 has provided application of Court judgments to all similarly placed.
Check this: Latest news for pensioners of central govt
Govt. of Tamil Nadu. too has applied court judgment on the same issue for all similarly placed pensioners vide FINANCE (PAY CELL) DEPARTMENT G.O.Ms.No.140, Dated: 25th April, 2018. Irony is that PM & Apex court desires application to all similarly placed the Service/ Pension issues once legally decided. MOD too provides application of Court judgments to all similarly placed (which includes Defence civilians also). But DOPT and DOPPW do not agree to it.
Bharat Pensioners Samaj once again request you not to push pensioners who are in the evening of their lives to courts to seek redress on issues already decided. Please have MERCY on them.
Thanking You
Yours truly,
Sd/-
S C Maheshwari
Secy General Bharat Pensioners Samaj
Padma says
Thank you Madam for taking up the case again.
It is actually injustice to other people who retired on 30 Jun. The judgement has already been pronounced in favour of Shri Iyamperumal , Asst Director in Excise Deptt
Denying the same to other govt staff is against natural justice. Pl look into the matter as I retired on 30 Jun 16 from Central govt as OS.
Uma vaidyanathan says
Thank you very much.It is genuine that after serving for one complete year, i.e. till 30th June and on superannuation if you do not get increment for that period. It is hurtful. when the judgement has been pronounced for giving increment for the retired employees, Govt, should implement it immediately. Already the pensioners get less pension, and looking into the todays market trend, the Govt. should be generous towards pensioners who have sincerely served the nation for so many years. It should not be denied on the other hand it should be implemented immediately to the central government pensioners at the earliest.
Kuthalingam A says
Thank you Madam for taking the case.
yash pal singh says
sir. I was also retired on 30th June 2015 as my date of birth is 1st July. what should I do? it is an injustice to a retired person.
yash pal singh says
what should we do. i have to approach the court.
SHRI NATH YADAV Retd.Asstt.Administrator, USOF,DoT Sanchar Bhawan,NewDelhi says
Thanks for taking this issue with all concerned at the Union level.Hope government will respond positively. Govt has denied simply because of its policy but has not dared to deny the facts on which judgement was pronounced in the case of Mr. Ayyamperumal. If the central government still remains adamant, as bureaucrats normally behave while enjoying the service, we must move to the appropriate Court of the country. I am really happy to learn that the issue has been taken at your Association level. Thanks a lot.
Rajeshwari says
Thanks for taking this issue hope Govt will respond positively as soon as possible in favour of govt employee who retired on 30th June.
yash pal singh says
thanks, sir for taking up the matter. Retired persons are scattered in remote places and have not powered of agitation.
N Selvaraj says
SELVARAJ, CGO E retired on 30th June 2009 from Air force 8BASE REPAIR DEPOT AVADI
Narayana Pillai Ramar says
In past, we have seen that the Government has decided the case after a long gap of more than 10 years. A recent case is NPS to OPS. It is decided after 16 years. Likewise, entry pay for Promotive Vis-a-vis Direct recruit. It was also decided after 10 years. Likewise, Government will certainly decide this case also; but we have to wait for some more periods. We will get back with arrears. I also retired on 30th June 2014
N Selvaraj says
I am also waiting. Again everybody has to seek a court of law. please advise next action
Ch.Subba Rao says
The representation is on behalf of thousands of pensioners (central government) who retired on 30th June. My name is Ch Subba Rao. I also retired on 30.06.2010 and waiting for implementation of Supreme Court judgment
G. SEETHARAMI REDDY, Hyderabad says
I retired on 30th June 2011 as Assistant Director gr 1. In central water commission. I have represented the notional increment on 30th January 2019 and waiting since then. I humbly praise your course of action in this matter taken up with the concerned ministry for allowing all similar without forcing them to knock on the court doors. I hope you will put your continued efforts into this matter. Thanking you once again for your extreme efforts.
N. Bala Prasad says
This is Bala Prasad from Delhi
Retired as technical assistant in the month of June 2015.
The government is giving the increment to the employees for future work i.e 1st July to next year June end or for the previous year work done by the employees?
DOPT is not caring the Supreme Court order for implementation. The Supreme Court says this order is applicable for one and all.
What is the solution in this regard?
Mrs sk hayar says
Mrs hayat I am also a retired employee as ps post nbsslup nagpur (icar) I retired on 30th June 2015 god bless u kindly in the issue I am supporting u.
Bhagavan CR says
I retired from Central Govt. Deptt. on 30/6/2009 a.n. on superannuation, after serving in IA&AD for nearly 39 years. I am denied 1/7/2009 increment as I was not on pay rolls as on that date. My last dt. of Inc. was 1/7/2008. But I have served for 12 months from 1/7/2008 to 30/6/2009 without increment & I feel I am eligible for an increment, like others. Why deny my increment on 1/7/2009?
M. L. Malhotrs says
Truly speaking, this shall be a great gesture to all the retired Government personnel, if the Government listens to your voice. All the affected persons like us shall get this small favor only because of sincere efforts being made by personalities like yours.
With kind regards,
S.Sadagopan says
I am also a retired employee and taken up this issue at the level of PMO, the DoPT ,DoP&PW refers the matter tobe decided by MoFin., again Mo Fin refers the same to DoPT., it is the situation for the last 3 years. As a model employer it’s the bound and duty of CG to accept the Highest Courts Order and accept the verdict in public interest, without further hesitation.
Ganesh Dutt Kulbe says
Sir/Madam, I Ganesh Dutt Khulbe also retired from National Vectore Borne Diseases Control Programme (Dte.General of Health Services) on 30.06.2018 A.N. on superannuation and as per I am also entitled for one extra increment please grant the same.