Document Fragment View

Matching Fragments

The aforesaid provision clearly indicates provision for increment forming the part of emolument even if not actually drawn although applicable only in case the Government Servant was on earned leave. However, the same does indicate the fact that such an increment can form a part of the emolument even after retirement.

Relevant provision to be considered is under Articles 151, 152 and 153 of the Fundamental Rules which have been quoted hereinabove and specifically stipulate that an increment accrues from the date following that on which it is earned. The said provision clearly elaborates the fact that accrual of increments pertains to actual payment and is to be made subsequent to the date on which it is earned. As such, the accrual of increment pertains only to actual payment of a benefit, which has been earned prior to its date of accrual.

Considering the aforesaid, particularly in view of Article 151 of the Fundamental Rules, it is apparent that first of July being the appointed date for accrual of increment merely implies actual payment of a benefit such as increment which has been earned prior to such appointed date.

It is admitted between learned counsel for parties that increment in terms of aforesaid Government Order is required to be paid to an employee upon completion of six months or more of services rendered in the past year. It is thus quite apparent that entitlement for increment to an employee accrues upon completion of six months or more service in the past year i.e. services already rendered. In terms of paragraph 8 of the aforesaid Government Order, the said fact is apparent that increment is to be paid for services already rendered. Thus, it is seen that the employee becomes entitled for increment upon completion of six months or more of service in the past year i.e. naturally, services already rendered. The cut off date of first July of any year indicated in the Government Order is only for the purposes of payment of the increment which has already fallen due. It is therefore only recognition of a right which has already vested in an employee.

Upon consideration of the aforesaid, Full Bench judgment, with utmost respect, this Court is unable to concur with the same. The learned Full Bench in the judgment itself has quoted Article 151 of the Civil Service Regulations with the observation that 'the Government Servant would get a right for annual increment only after conclusion of the year and therefore on the day when the increment falls due, it would not become payable, but it would become payable only from the next day.
In view of said Article 151 of Civil Service Regulations, it is apparent that the Full Bench also noticed the fact that the increment is earned by a Government Servant for services rendered in the past year and the Government Servant becomes entitled to it on the concluding day of the year but it would actually become payable only from the next day. The said observation also makes it clear that it is only the actual payment of the increment, which is to be made on the first of July of the year and has actually been earned by the Government Servant for the services rendered during the past year when he was in service. As such, the actual payment of an increment earned during service is merely consequential to the actual act of earning the increment while in service. It is merely a fortuitous circumstance that the Government Servant has superannuated on the date when the increment, earned earlier, is to be actually paid. It is also a relevant fact that the opposite parties have framed the U.P. State Transport Corporation Officers Service (General) Regulations 1998.

(b)All the officers will be granted increment on the first day of the month in which the increment falls due.

(c) If probation is extended, such extension will not count for increment, unless the Appointing Authority directs otherwise.

(d) An officer who has remained off duty on extraordinary leave, study leave or any other such similar leave, the date of increment shall correspondingly be shifted and the period of such leave shall not be counted for the purposes of increment. An officer who officiates in a higher post or in a higher time scale of pay shall be eligible to count for increments the period spent by him on such higher post or higher time scale of pay in his lower post when reverted to that post or time scale of pay.