and 2006 have requested for ante dating their increment dates as they were
nominated in different batches for mandatory training:
foundational training course first before they could be allotted any
Ministry / Department:
had joined in July 2008 and October 2009 respectively;
mandatory training had not completed six months of service for earning
Annual Increments unlike their other batchmates who were nominated in the
ASOs of CGLE 2005 requesting for ante dating their increments.
to as the request was not in consonance with the Department of
Expenditure’s O.M. dated 13.09.2008.
13.09.2008 specifically states as under:
“As per Rules 10 of CCS (RP) Rules, 2008, there will be one uniform
date of annual increment, viz. 1“ July of every year. Government
servants completing six months and above in the revised pay
structure as on 1st July will be eligible to be granted the
increment. Accordingly, all Government servants who earned their
last increments between 02.01.2005 and 01.01.2006 would get their
next increment on 01.07.2006.”
2015-2016 and representations were also received from ASOs of CGLE 2006
batch during the year 2016. The matter was re-examined in detail and it was
fourfd that no new facts were brought out to review the decision taken
earlier and accordingly it was decided with the approval of the Competent
Authority, to wait for the outcome of the case in WP No. 1738/2017
challenging the eligibility criteria for counting the approved service in
ASO Grade which was and is still pending in High Court.
CAT,(PB), Delhi on the same grounds. CAT, PB vide order dated 11.09.2018
has disposed of the OA at the admission stage with directions to DOPT as
“…….. the respondents are directed to pass a reasoned and
speaking order on the representation of the applicants within three
months from the date of receipt of a certified copy of the this
order. The OA is, accordingly, disposed of. at the admission Stage
- i. In r/o CGLE-2005 batch, for grant of increment w.e.f 01.07.2009 instead
of 01.07.2010 the date from which they have got the increment presently,
because of the condition of having completed six months service thereon, as
stipulated in DOE’s O.M. dated 13.09.18.
- ii. In r/o CGLE-2006 batch, for grant of increment w.e.f 01.07.2010 instead
of 01.07.2011 the date from which they have got the increment presently,
because of the condition of having completed six month service thereon ,as
stipulated in DOE’s O.M. dated 13.09.18.
- iii. To fix the pay notionally from the actual date of joining of the first
candidate of their batches;
- iv. To consider their service counted from the date of joining of the first
candidates for the purpose of pension and qualifying service.
observed that a Government Servant is eligible to draw the pay only from
the date of assumption of charge. The concerned ASOs were not eligible for
pay parity with their batchmates as they attended mandatory training in
different batches. As such. they had not completed six months of service
for earning annual increment along with their other batchmates who were
nominated in the first batch, in terms of Department Of Expenditure’s O.M.
dated 13.09.2008. Thus, they were not eligible for antedating of increment
at par with their batchmates.
batches who were nominated in the later batches of training have however
been given all due benefits like approved service, eligibility for SO-LDCE,
which accrued to their batchmates who were appointed in the earlier
An interim reply vide letter dated 31.12.2018 in light of directions of
CAT, was also sent to all applicants and counsel for applicants and
respondents as well.
claim for antedating of increment not in conformity with the extant
instructions and rejected the claim for ante-dating of increment in respect
of the said ASOs.
ASOs of CGLE 2005 and 2006 batches are not in consonance with the extant
rules and the fact that these representations were examined in 2009 and
rejected on the same ground and no new ground has been brought forth in
these representations, hence the claim is hereby rejected as it is devoid