Grant of Notional Increment on 1st July/1st January for calculating their pensionary benefits – Appointment of Nodal Officer
F.No.2/4/2025-Legal/09
Government of India
Central Public Works Department
Coordination & Legal Unit
Nirman Bhawan, New Delhi
Dated: 15th January, 2025
OFFICE MEMORANDUM
Sub: Grant of Notional Increment on 1st July/1st January to the employees who retired / are retiring from Central Government Service on 30th June/31st December respectively for the purpose of calculating their pensionary benefits – regarding.
It has been observed that lot many references including court cases are being received in the Directorate on the subject. The ADG/SDG concerned should take appropriate timely action to defend the interest of the Govt. In this regard, the undersigned is directed to refer to this Directorate’s OM issued by the office of the Deputy Director (Admin III) vide F. No. 2/1/2024-EC.IV(SC)/1193 dated 09.12.2024 and even no. dated 21.10.2024 (copy enclosed) on the subject mentioned above vide which instructions were issued to take the action on the subject matter as per the instructions issued by the Department of Personnel and Training vide their O.M. No. 19/116/2024-Pers. Pol. (Pay) (P1) dated 14.10.2024 in compliance of the Interim Orders dated 06.09.2024 of the Hon’ble Supreme Court in MA Dy. No. 2400/2024 without prejudice to the legal stand of the Union of India in the matter and without prejudice to any change of law in this regard. Further, the action taken shall he subject to the final outcome of the Review Petition (Dy. No. 36418/2024) pending before the Hon’ble Supreme Court.
2. Therefore, in case any judgement is received on the subject matter which differs from the Interim Orders dated 06.09.2024 of the Hon’ble Supreme Court in MA Dy. No. 2400/2024 and is against the interest of the GOI, then the judgement needs to be challenged in the appropriate way before Hon’ble higher court, after advice of Ministry of Law.
3. It is therefore reiterated that the court cases on the subject matter will be handled by the office of the ADG/SDG concerned as per the instructions issued by this Directorate from time to time for handling of court cases.
4. It has also been decided that since there are multiple petitioners retired from different offices of CPWD in one case, so a nodal officer shall be appointed by the office of the SDG/ADG concerned (in whose jurisdiction the location of court falls) for defending the case in the Hon’ble Court on the subject matter, where more than one applicant have filed the case. The nodal officer shall interact with the Govt. Counsel and facilitate the matter including filing reply after vetting by the office of concerned SDG/ADG. The nodal officer will also obtain details from other CPWD offices involved in the case and shall provide necessary inputs to Govt. Counsel for proper defence of the case.
This issues with the approval of the competent authority.
Encls.: As Above
(NAVIN KUMAR GARG)
DIRECTOR (Coord. & Legal)
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