Justification for the Grant of one increment at the time of retirement in special cases
This article is regarding the grant of one increment at the time of retirement, in some special cases.
Prior to 1.1.2006, the implementation of 6th CPC, the date of increment was individual to the officials. That is to say, every official has his own date of increment, depending on the date of joining/promotion in the post.
As per FR 26, annual increment will be drawn only if the official completes 12 months’ of service since the date of last increment. Any period of non-qualifying service as well as EXOL (without MC) taken will be excluded and an equal period will be added to the date of increment and the increment would be drawn on the first day of the month so arrived. To cite an example, if the date of increment of the official is 1st of May and the official has drawn his last increment on 1.5.2002. If he was on EXOL for 40 days between 1.5.2002 and 30.4.2003, these 40 days would be added to 1.5.2003 and the increment is due on 10.6.2003 and the increment would be drawn on 1.6.2003. Thereafter, the annual increments would be drawn on 1st of June. Also the official should be on duty on the first date of the month in which his increment is due. In the above case, the official should have been on duty on 1.5.2003.
Some special cases
After 6th CPC
After the implementation of 6th CPC, the position was drastically changed consequent on the introduction of uniform increment date i.e. 1st July every year. As per 6th CPC orders, even though the increment is annual, in many cases increment is provided to the officials if the officials completed 6 months’ of service. That is to say, in some special cases, the period required for earning increment is reduced to 6 months from the earlier 12 months.
Rule 10 of CCS (RP) Rules, 2008
There will be a uniform date of annual increment, viz. 1st July every year. Employees completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment.The first increment after fixation of pay on 1.1.2006 in the revised pay structure will be granted on 1.7.2006 for those employees, for whom the date of next increment was between 1st July 2006 to 1st January, 2007.
The following are the special cases.
1. The recommendations of the 6th CPC were implemented with effect from 1.1.2006. The first increment was drawn on 1.7.2006. For those officials who got their increments between Feb 2005 to June 2005 were granted one increment on 1.1.2006 in the pre-revised scale as per Govt of India, Ministry of Finance, Dept. of Expenditure no 1/1/2008-IC dated 19.3.2012 and then their pay is fixed on 1.1.2006 in the 6th CPC scales. In this case, the officials have completed more than 6 months but less than 12 months’ of service as on 1.1.2006, but granted one increment on 1.1.2006, as a special case.
2. As per Rule 10 of CCS (RP) Rules 2008, the officials who have joined service on 1.1.2006 are entitled to get their first increment on 1.7.2006, just after completing 6 months’ of service.
3. As per CCS(RP) Rules 2008, the officials who are promoted on 1.1.2006 are entitled to get their first increment after promotion on 1.7.2006, just after completing 6 months’ of service.
After 7th CPC
Rule 10 of CCS (RP) Rules 2016
1. There shall be two dates for grant of increment namely, 1st January and 1st July of every year, instead of existing date of 1st July. Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial upgradation.
2. The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of July ad 1st day of January (both inclusive) shall be granted on the 1st day of July.
The special cases
1. The recommendations of the 7th CPC were implemented with effect from 1.1.2016. Since there was a uniform increment date viz. 1.7, upto 31.12.2015, all the officials were entitled for the first increment after the implementation on 1.7.2016.
2. As per 7th CPC recommendations there are two dates of increments viz. 1.1 and 1.7.
3. Those who joined or promoted on 1.1 are entitled to draw their first increment on 1.7 of that year and their subsequent increments will be drawn on 1.7 every year. In this case, the first increment is drawn when the officials complete exactly 6 months’ of service.
4. Those who joined or promoted between 2.1 and 1.7, both inclusive, will draw their first increment on 1.1 and their subsequent increments will be drawn on 1.1. every year. In this case, the first increment is drawn when the officials complete service more than 6 months but less than 12 months.
5. Those who joined or promoted on 1.7 are entitled to draw their first increment on 1.1 of next year and their subsequent increments will be drawn on 1.1 every year. In this case, the first increment is drawn when the officials complete exactly 6 months’ of service.
6. Those who joined or promoted between 2.7 and 1.1, both inclusive, will draw their first increment on 1.7 of next year and their subsequent increments will be drawn on 1.7. every year. In this case, the first increment is drawn when the officials complete service more than 6 months but less than 12 months.
In all the 4 cases, from 3 to 6 above, the officials are entitled for one increment when their service is 6 months or more but less than 12 months.
From the foregoing it is clear that in some special cases, considering the merits of the cases, the officials are granted one increment before completion of 12 months’ of service, but on completion of 6 months’ of service.
The claim
Between 1.1.2006 and 31.12.2015
This is the case of officials who retired between 1.1. and 30.6 of the year during the period from 1.1.2006 to 31.12.2015. Those officials upon their retirement completed more than 6 months’ service but less than 12 months’ service since their last increment. Even then, those officials are not granted any increment, by considering this also a special case on par with other special cases cited above. Those officials are entitled for one increment when they retire from service as those officials completed 6 months’ of service as stipulated in Rule 10 of CCS (RP) Rules 2008.
As per CCS (RP) Rules 2008, the increment date is uniform viz. 1.7. As on 1.7, if the official completes 6 months’ of service since the last increment, the official would be granted one increment. For example, consider an official who got his increment on 1.7.2012, was on EXOL from 2.7.12 to 31.12.2012. As on 1.7.2013, the official would be given one increment since he has completed 6 months’ service on 1.7.2013. As things stand, those officials who retire between 1.1 and 30.6 are surely entitled for one increment at the time of their retirement in as much as they have completed 6 months’ of service on the date of retirement.
After 1.1.2016
As per CCS (RP) Rules 2016, in the special cases mentioned above, the officials are granted one increment even though they have completed a minimum of 6 months’ service on the date of increment. In the case of those officials who are drawing their annual increment on 1.1, if they retire from service on or after 1.7 of that year are not provided any increment even though they have completed a minimum of 6 months’ of service on the date of retirement. Similarly, those officials who are drawing their annual increment on 1.7, if they retire from service on or after 1.1 of next year are not provided any increment even though they have completed a minimum of 6 months’ of service on the date of retirement.
The prayer
From the above discussions, it could be seen that a section of officials are denied the benefit of one increment even after putting a service of 6 months and above on their date of retirement. Also, the officials are put in to a great loss, as the loss is perennial. This increment has a great impact on gratuity, pension, commuted value of pension, family pension and also on the cash equivalent of leave salary.
The worst case is that those officials whose increment date is 1.7 and retires on 30.6 of next year and also those officials whose increment date is 1.1 and retires on 31.12 of that year. Those officials are not provided any increment, even though they have completed 12 months’ of service on their date of retirement. In the 6th CPC regime, those who retired on 30.6 are the worst sufferers.
Very special case
As per FR 56, those officials whose date of birth is 1st of the month will have to retire on superannuation on the last date of the previous month. In the case of such officials, if the increment date and date of birth happen to coincide, these officials even though entitled for one increment will not get it, as they would have to retire on the last date of the previous month. To cite an example, if the date of birth of an employee is 1.1.1958 and his date of increment is also 1st of January, this official is eligible for one increment on 1.1.2018 after completion of 12 months’ of service will not get this since this official will have to retire on 31.12.2017.
It is a fact that these officials are not on duty on the date of increments viz. 1.1 or 1.7 and hence these officials are not provided such increment even though they are entitled. It may be seen that the superannuation takes place on the last working day of the month and the official is relieved in the afternoon of that day, before completion of the day which is up to midnight. Technically speaking, the official is relieved after the prescribed working hours of that office. It is also to be noted that, if the last day of the month happens to be a holiday or Sunday, the official is relieved on the last working day, and the official is entitled for pay and allowances for that holiday/Sunday which fall after his retirement. Also in the case of officials who had drawn their increment between 1.2.2005 and 30.6.2005, one increment was given on 1.1.2006 in the pre revised scale, well before the due date for their date of next increment. Hence the grant of increment in the above cases is justified, reasonable and feasible.
Considering the above, the following is suggested.
1. For those officials who retired from service between 1.1.2006 and 31.12.2015. Since there was uniform increment on 1.7, those officials who retire from service between 1.1 and 30.6. should be granted one increment on the date of their retirement. The official need not be paid any amount but this increment may be taken exclusively for the retirement benefits only which may save them from a huge financial loss.
2. For those officials who retire from service on or after 1.1.2016. For those official whose date of increment is 1.1 and retire from service between 1.7 and 31.12 of that year, and also for those official whose date of increment is 1.7 and retire from service between 1.1 and 30.6 next year are to be granted one increment on the date of their retirement which is to be taken exclusively for the retirement benefits only.
In the light of the above, the above cases deserve merit to consider as special cases. I hope the Government will consider this and cause issue of suitable orders in this regard.
Article by
R.Hariharakrishnan,
Postmaster,
Srivaikuntam HO 628601
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