NCJCM ( Staff side) writes regarding Notional increment

Shiva Gopal Mishra Secretary Ph.: 23382286 National Council (Staff Side) Joint Consultation

Machinery for Central Government Employees, 13-C, Ferozshah Road, New Delhi-110001 E-mail:

nc.jem.np@gmail.com

No.NC-JCM-2022/SC(Inc)                                                                November 2022-11-09

The Secretary,

Government of India

Department of Personnel and Training

North Block, New Delhi.

Sub: Grant of one Notional Increment for those who retired on Superannuation on 30 th June.

Respected Madam,

The Staff Side has been demanding that based on the Madras High Court order and subsequent

order of the Supreme Court dated 23/07/2018 that the Government should grant one notional

increment to the employees who had superannuated on 30 th June after completion of 1 year. The

fact that Governments contention was not accepted by the Court, who has been confirmed by the

highest judiciary in the country, must have been sufficient reason to end this controversy. This issue

was further discussed in the Standing Committee meeting of the National Council – JCM held on

22/09/2022 where in the Official Side stated that the matter is pending before the Supreme Court

since Government has filed an SLP and hence the Staff Side should wait for the outcome of SLP.

It is now understood the Hon’ble Supreme Court has dismissed a review petition filed by the Union

of India against the order of the Supreme Court in SLP (C) No. 12227 of 2020 on the similar matter.

Review petition was dismissed by the Supreme Court on 26 th July 2022. Now that the highest

judiciary has given decision in favour of the employees, there is no justification in further prolonging

the matter.

In view of the above it is once again demanded that Government orders may please be issued for

grant of one Notional Increment to the employees who had superannuated/superannuating on the

30 th of June or 31 st of December every year.

Thanking you,

Yours faithfully,

(Shiva Gopal Mishra) Secretary

Copy to:- The Special Secretary (Pers), Ministry of Finance, Department of Expenditure

In the Supreme court of India

Civil Appellate Jurisdiction

Review Petition (Civil).............D. No. 6844 of 2021

In Special Leave Petition (C) No. 12227 of 2020

Union of India & Ors.......Petitioners

Versus

Gopal Singh...........Respondent

Order

Delay Condoned.

The instant petition for review has been filed by the petitioner against the dismissal of

aforementioned Special Leave Petition vide this Court’s order dated 13.10.2020.

Having carefully perused the petition for review and the papers connected therewith, we do not find

any reason for reconsideration of the order impugned.

The Review Petition is, accordingly, dismissed.

(N V Ramana)................CJI

(Surya Kant).................J.

(Aniruddha Bose.............J.

New Delhi; July 26, 2022.

Item No. 1007 Section XIV

Supreme Court of India

Record of Proceedings

Review Petition (Civil)........Diary No(s). 6844/2821 In SLP(C) No. 12227/2020

Union of India & Ors..........Petitioner(s)

Versus

Gopal Singh..............Respondent(s)

IA No.37273/2021 – Condo nation of Delay in Filing Review Petition

Date: 26.07.2022

This matter was circulated today.

Coram:

Hon’ble The Chief Justice

Hon’ble Mr. Justice Surya Kant

Hon’ble Mr. Justice Aniruddha Bose

By Circulation

Upon perusing papers the Court made the following

Order

Delay condoned.

The Review Petition is dismissed in terms of the signed order.

(Satish Kumar Yadav) (R S Narayanan)

Deputy Registrar Court Master (NSH)

(Signed order is placed on the file)