DoPT : Request of antedating of increment by some DR ASOs of 2005 and 2006

DoPT : Request of antedating of increment by some DR ASOs of 2005 and 2006


No. 7/15/2007-CS.I(A) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)
*****
2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 20th May, 2019
ORDER
WHEREAS, some Direct Recruit Assistant Section Officers (ASOs) of CGLE 2005
and 2006 have requested for ante dating their increment dates as they were
nominated in different batches for mandatory training:
AND WHEREAS, it is mandatory for every Direct Recruit ASO to undergo
foundational training course first before they could be allotted any
Ministry / Department:
AND WHEREAS, the first batch of ASOs belonging to CGLE 2005 and CGLE 2006
had joined in July 2008 and October 2009 respectively;
AND WHEREAS, the concerned ASOs who were nominated in later batches of
mandatory training had not completed six months of service for earning
Annual Increments unlike their other batchmates who were nominated in the
first batch.
AND WHEREAS, representations were received in September, 2009 from some DR
ASOs of CGLE 2005 requesting for ante dating their increments.
AND WHEREAS, the case was examined in this Department and it was not agreed
to as the request was not in consonance with the Department of
Expenditure’s O.M. dated 13.09.2008.
As per Para 2 clarification 1 (i) of Department of Expenditure’s OM dated
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.”

AND WHEREAS, the ASOs of CGLE 2005 submitted fresh representation during
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.
AND WHEREAS, an OA (100/3397/2018) was filed by some aggrieved DR ASOs in
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
under:
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“…….. 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
itself. ”

AND WHEREAS, the concerned ASOs vide their representations had sought the
following benefits:
  • 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.
Read also :  सार्वजनिक क्षेत्र के उपक्रमों में चयन द्वारा सीधे भर्ती व्यक्ति के रूप में अभ्यर्थियों की नियुक्ति की जाने पर सीसीएस (आरपी) नियमावली, 2016 के अंतर्गत वेतन निर्धारण के लिए डीओपीटी का दिशा—निर्देश

AND WHEREAS, the matter was again examined in this Department and it was
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.
AND WHEREAS, it is also observed that the concerned ASOs of 2005 & 2006
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
batches.
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AND WHEREAS, the matter was examined in consultation with D/o Expenditure.
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.
AND WHEREAS, Department of Expenditure has examined the case and found the
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.
NOW THEREFORE, it has been decided that since the instant claims of the DR
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
of merit.
(George D. Toppo)
Under Secretary to the Government of India

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