I need clarification to the following
I was on extraordinary leave on medical grounds from 3-2-2011 to 2-9-2011 suffixing 3-9-2011 & 4-9-2011. I had joined for duty on 5-9-2011. I was on duty upto 7-9-2011. On 8-9-2011 again I took EOL on MC upto 29-2-2012. My basic pay + grade pay on 2-2-2011 was Rs 39570.
I have requested for Voluntary retirement with effect from 1-3-2012.
My increment date was on 1-7-2011.
In my APAR (old CR) given to me on 10-1-2012, my basic pay + grade pay is indicated as Rs 40760 as on 16-7-2011 and in this APAR the earned leave availed by me is indicated as 15 days. But actually I did not availed EL in the year 2011. I am not getting any leave salary in 2011 from 3-2-2011.
So in my case what will be my last pay drawn for calculating pension?
Also I had been getting Rs 1800 as incentive for ISRO scientists every month upto salary for February 2011 from the implementation of 6th CPC. Before 6th CPC this incentive was paid by adding two additional increments in the 5th CPC pay scale. Whether this 1800 will be added to my basic + grade pay for calculating pension for ISRO scientists as the supreme court had upheld the high court judgment for considering this incentive for pension in a case filed in High Court Kerala, before the implementation of 6th CPC. This incentive was called as “Two additional increments” before the arrival of 6th CPC. Now in my salary slip this Rs 1800 is indicated as PER PAY/TWO INCREMENTS.
So whether this Rs 1800 will be considered for pension?
Expecting answers for the two questions.
Gist of the above High Court Judgment given below.
Affected may please read Hindu News paper date 12 June 2011 where in ISRO employees fought for inclusion of 2 Spl increments for allowance and pension. This was admitted in Kerala HC. For further details yopu contact the concerned.
Pasted below is the gist as published in Hidu
The Hindu: 12 june 2011
ISRO scientists' pay: apex court dismisses plea
New Delhi: The Supreme Court has declined to interfere with a judgment of the Kerala High Court, directing the Department of Space to pay allowances for two additional increments granted as incentive to scientists/ engineers-SD, SE, SF and SG of Indian Space Research Organisation (ISRO), Thiruvananthapuram.
A Bench of Justice H.S. Bedi and Justice C.K. Prasad recently dismissed a special leave petition (SLP) filed by ISRO Chairman against the High Court judgment dated January 18, 2007 and a subsequent order dated July 16, 2007.
Acting on a writ petition from United Co-operative Front, the High Court had held that the additional increments granted to the scientists fell within the definition of pay.
High Court order
The High Court had said, “Necessarily all attributes that may be added to emoluments reckoning pay shall have to be paid to them, whether it is Dearness Allowance, HRA. Equally so is pension to retired employees, because pension is also reckoned based on the pay drawn.”
The petition by the ISRO was directed against this order.
The Department took the stand that the benefits extended to scientists/engineers were treated as incentives and they would not confer any legal right on them nor did they constitute conditions of service.
These additional increments were added over and above the basic pay and the basic pay would not increase due to these additional increments.
It said as part of the exercise to attract, retain, and motive scientists/engineers to give their best, the department, after obtaining approval from the Union Cabinet, had issued orders on February 3, 1999 sanctioning certain additional increments, special pay, and also professional update allowance.
The circular clearly clarified that these increments would not be treated as pay for the purposes of DA, HRA, pension etc.
The SLP sought quashing of the High Court judgment. The Supreme Court Bench did not accept these contentions and passed a brief order dismissing the SLP.
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