Notional Increment: Pensioners Retired on 30th June
No.PC-VI/2020/Misc./01, dated 01.03.2021
Sub: Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same – Clarification reg.
Ref: Boards letter No.PC-VI/2018/R-I/1 Pt., dated 21.05.2020.
1. Attention is invited to Board’s letter under reference whereby the advice/ clarification of DOP&T on the issue of grant of notional increment for the pensionary benefits to those employees who had retired on 30th of June was circulated to all Zonal Railways & Production Units with a request to dispose all pending representations/ defend pending court cases, if any, on the issue accordingly.
2. It has been observed that fresh cases on the issue of notional increment benefit are being filed all across the Indian Railways. Accordingly, the matter was again referred to DOP&T seeking further guidelines for effectively contesting such cases. Consequently, DOP&T vide their OM No.19/2/2018-Estt (Pay-I), dated 03.02.2021 has issued further clarification in the matter citing various judgments pronounced in favour of Union of India/ relevant rule provisions etc. A copy of DOP&T’s OM dated 03.02.2021 is attached herewith for effective utilization of the same in defending/ disposing various cases/ representations on the issue of notional increment.
3. The above guidelines/ clarification of DOP&T may be suitably incorporated in the counter reply proposed to be filed before the Hon’ble CAT/ Court while defending such cases. The counter reply so prepared may be sent invariably to this office for approval before filing. It must be ensured that in any case the counter reply shall not be filed without getting the same approved from this office.
4. Considering the seriousness of the matter, various Railways where similar cases have been filed, were advised to nominate a competent JA Grade officer to regularly monitor these cases in consultation with Railway Advocate. It was also desired that Railway Board be kept apprised of these cases regularly. However, it is seen that the monitoring of these cases has not been at the desired level in some of the Railways.
5. It is also advised that as soon as the case is decided necessary application for supply of certified copy should be made. Upon receipt of the same a copy thereof may invariably be sent to this office for being shared with other Railways or taking necessary remedial action, as the case may be. In the event of the case being decided against the interests of Union of India, process for drafting and filing Review Application/ Writ Petition should be initiated expeditiously in consultation with this office.
6. Receipt of this letter may please be acknowledged.
Download Railway Board Circular dated 01.03.2021
Forward reference ⇒ Dated 13.04.2021, RBE No.