It is a pride and privilege for me to say about an interesting case that was resolved by me ,meticulously,as a Divisional Head.
It was somewhere in the year 2002 that one HSG-1 cadre official....General Line ... retired as Head Postmaster of one H.O ...
in one division,where I was the division Head at that time.
He retired on attaining the age of superannuation..60 years.
......
Soon after his retirement ,he petitioned the D.O / R.O.staking his claim for ante-dating his increment date all through right from 1962 for recasting his leave account and for all consequential benefits.
The background is as follows: The retiree submitted along with his petition the Leave Memo for the EXOL with M.C granted to him(period of leave is more than one month or so)..... in the year 1962.
His plea is his increment date is getting postponed right from 1962. His contention is that the particular period of leave is..... WITH M.C and therefore it counts for increment.
Thus he claimed that his increment date had to be antedated from 1962 onwards ,his leave account to be recast ,updated ,
...pay fixation revised as on the date of retirement and arrears has to .be paid with all consequential benefits .
R.O has called for a report .
Scrutiny of service book also revealed that
the nature of leave is EXOL with M.C.
As the Divisional Head I was seriously thinking about all aspects on this issue.
We cannot reject the claim ,treating this case as a time barred one on the point of limitation. Because it is the matter regarding antedating of increment and pay fixation.There is a continuous cause of action year by year .
Accounts branch officials and the Divisional Office officials were exclaiming about this strange issue and worried over the task of recasting of the leave account and pay fixation.
Everything was struggling in my mind.
We all know that the as per the extant pay rules and Leave rules....EXOL without M.C does not count for increment.
......But EXOL with M.C COUNTS FOR INCREMENT .
Something struck my mind .
I referred to the old rulings. In that way I glanced through one book[The SWAMYS PAY RULES MADE EASY .....GUIDE BOOK..
26th Edition ....1994].
I studied this book when I had prepared for the PS GROUP B EXAM in 1995.
Therefore now for this case I referred to this Book.
What a surprise|
I got the solution.
In page 217 of this book..........CHAPTER FIXATION OF PAY under the Heading
"IMPORTANT DATES".
FOR the date 22-10-1963 There is indication as follows.
《 LWP ....EXOL WITH M.C COUNTS FOR INCREMENT.》
THIS shows that prior to 22.10.1963 EXOL of both nature with M.C or without M.C
will not count for increment...
Therefore it is clear that the EXOL WITH M.C taken on or after 22.10.1963 only will count for increment.
.In this case the period pertains to the year 1962. Therefore that EXOĹ WITH M.C Will not count for increment
as per the rulings position of the relevant period.
A report was submitted to R.O
The retiree....petitioner was clearly informed of the position on the point that his claim is not sustainable....based on the rulings position as mentioned above.Thus the petition was disposed ....as a petition without any merit .
Atlast it was a sigh of relief to me and also to my staff .
▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪▪
I would like to share with you all ..... the MESSAGE that flows from this incidence.
.All of us already know this message .
WE SHOULD NOT IGNORE /DISCARD THE GOOD OLD RULINGS ...REGULATIONS.
WE SHOULD PRESERVE THEM.
This will help us at times of need whenever we have to find out the correct rulings position pertaining to a particular
period of the past .....even the good old period.
NOTE:- I have given the outline .
.facts regarding this real story/incidence/experience from my green memory..But the exact dates could not be mentioned due to memory...constraints.
. .....N.INBALAGAN .I.Po.S(Retd)
Thanks to
Mr. N.INBALAGAN
SSPOs(Retd)
M.P.R.NAGAR
GINGEE 604202.
Ph 9442187555.
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