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Order clarification issued by Directorate of Public Education, Bhopal dated 11/05/2020, dated * 30 * * Regarding the salary enhancements payable to the retiring employees on 1 July, 1 July. After all, this explanation makes sense ------- *

 
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Explanation dated 11/05/2020 (issued by Public Education), does not contradict the law passed by the court, nor does anyone have such jurisdiction. In the light of earlier decisions, he reserves the right to redress the representations presented before the department. Probably, the reply order in pending cases is also in the said order. This is an administrative proceeding of the government. Disposal of representations against the employee, while in existence of the established law, does not end his eligibility for service benefits, increments. The competent court always has the right to examine the merits of the order passed against the employee. The government concerned is also a person in the eyes of the court. Like employees, they have the right to legal battles. * However, currently the law regarding the increment in July for the retiring employees on 30th June is unambiguous. In the above connection,

In recent days, the law has been formulated in favor of the petitioner employee.


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Why can't retire employees on 30 June be denied the increment payable on 1 July?

Government employees who retire from service on June 30 should get the benefit of increment due on July 1, there is a discussion among the employees. Retired employees on 30 June are considered eligible for increment, payable in July, on the following legal grounds.

1 - After serving for a year by the employee, in return for service, service benefits generate legal/legal rights in favor of the employee, the said legal right cannot be denied to the employee, Neither can it be denied. Therefore, the employee cannot be denied increments received in July. Unless the increment has been stopped due to any other reason.

2-- There is no rule that imposes a condition that an employee must continue in service on July 1, in order to receive service benefits or increments previously made.

3 --- In salary, increment is provided, a condition of service. A wage increase is a reward for stigma-free service, which is converted into a right. The period of grant of increment is one year. After giving full year of service without stigma, the government employee becomes eligible for increment.

4 - On July 1, the employee was not in service, such technical reasons can not be accepted. After one year of service, the employee should get increment, unless the increment has been stopped due to any other reasons.

Based on the above reasons, the employees who retire on June 30 are considered eligible by the court for the increments payable in July.

Amit Chaturvedi
Advocate, High Court
Jabalpur


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