To
the Kind Attention of Circle Office Bearers, District Secretaries and
District Office Bearers, Please pass on the message conveyed by Com.DG to those
who are affected by Extra Increment Case.
“Regarding
extra increment case PCCA, TN sought clarification from DoT on 20/11/17. He
wants DoT approval for recovering the pension already granted for 68.8 from
1/1/2007. With that intention in mind, he has withheld arrears from 10/6/2013
to 31/12/2016 and ordered for granting 78.2 without Extra increment from
1/1/2017. Our CHQ has written a letter to Member (s) objecting the stand of
PCCA, TN. Further, we are going to file a fresh case in CAT, Chennai. Our
members are requested to wait for sometime.”
Above message received from com. DG.
Recovery can not be effected as per the guidelines contained in GI.MF.No D2776/E.V/52 dt 8.5.1959, CSR(Rule 8 CCS (Pen)) Rules 1972, Apex Court judgement on 18.12.2014 in CA 11527 of 2014, DOPT OM F No 18/3/2015-Stt(Pay-1) dt 2.3.2016.
ReplyDeleteExtra increment benefit granted long back in 2003 towards part and parcel of wage settlement granted to BCR III who are unable to get Grade IV in appreciation of long good service which is approved by Govt. This can not be taken back by DOT simply issueing an admininstrative order dt 7.3.2017 after completing more than a decade. It is an accepted fact to continue to count the extra increment benefit in pensionary benefits as pronounced in CAT Ernakulam judgement on 15.3.2012 in OA 011 of 2011 and HC Kerala judgement on 3.7.2015 in OP(CAT) No 4133 of 2012(2). Important point to note is that DOT did not file any frther appeal against these judgements till date.
So it is well established that DOT can not order for the recovery already paid and also withdraw the same at a later date. It is the boundan duty of DOT to account this benefit in 78.2% DR fitment as followed in 68.8% DR fitment.Therefore it is better to file the case in CAT/HC as early as possible. For retention of this extra increment benefit many officials like me did not opt for NEPP introduced in 2010.
Even excess payment of pension made by bank by mistake for which pensioner is not responsible can not be recovered from the pensioner as per Ernakulam Court judgement dt 21.11.2016 in OA 180/00970 of 2015 of Ramachandran Nair Vs Principal Controller of Defence Accounts(Pension) and others.
We can surely win.
Let our members wait patietnly.
R.PERUMAL. AIBSNLPWA.COIMBATORE
please read frther as further
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