RAJYA SABHA UNSTARRED QUESTION NO. 2045
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
UNSTARRED QUESTION NO. 2045
(TO BE ANSWERED ON 05.08.2021)
2045 DR. C.M. RAMESH:
Will the PRIME MINISTER be pleased to state:
(a) whether Central Administrative Tribunal (CAT), Allahabad Branch, Allahabad, by its order dated 26/02/2021 stated that whoever retired from Government Service on 30th June in different years are eligible for notional increment and matters are always judged ‘in rem’ and cannot be interpreted as ‘personam in nature,’ the details thereof; and(b) by when DoPT is going to issue necessary orders for these pensioners as above and also in light of Supreme Court judgement on same issue vide its Order dated 23/07/2018 and Review Petition No. 1731/2019 vide its Order dated 08/08/2019, the details thereof and if not, reasons therefor?
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a): CAT, Allahabad Bench in its Order dated 26.2.2021 in O.A. No.330/00146/2020 has, interalia, observed that the matters relating to pay fixation are governed by uniform policy of the Government and therefore any judgment in these matters are always in remand cannot be interpreted as judgment in personam.
Department of Revenue, Respondent No. 1, has informed that the Order dated 26.2.2021 in O.A. No.330/00146/2020 has been challenged vide Writ Petition WRIA 7911/2021 before Allahabad High Court, Allahabad.
(b): Several judgments/orders on the matter of grant of notional increment to those Central Government servants who have retired on 30th June/31st December, have been pronounced by Courts/CATs. The order dated 23.07.2018 and dated 08.08.2019 of the Supreme Court relating to the judgement dated 15.09.2017 of High Court of Madras in W.P. No.15732 of 2017 in case of P. Ayyamperumal was considered as ‘in personam’ and not ‘in rem’.
On the other hand, in a similar case on the same subject matter, vide judgement dated 29.03.2019, while dismissing the SLP(C) Dy. No.6468/2019 in the case of UoI vs. Sakha Ram Tripathi, the Supreme Court has kept the questions of law open.
Further, in the matter of Ministry of Railways wherein CAT, Bengaluru Bench have allowed grant of notional annual increment to an employee who superannuated from service on 30.06.2014, the Supreme Court, in SLP(C) No.4722/2021, vide order dated 05.04.2021, has stayed operation of the said Order dated 18.12.2019