Periods treated as 'dies-non' do not count as qualifying service for annual increments; however, recovery of excess payments made due to erroneous pay fixation is impermissible from retired employees or Group C/D staff.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

The case of the applicant is that the respondents reduced his Basic Pay from Rs. 60,400/- to Rs. 58,600/- arbitrarily, after his retirement on 31.03.2022, alleging that he was not entitled to the annual increment in July, 2016 but the same was granted to him, based on which, he was granted provisional pension at Rs. 29,300/- on 12.05.2022 instead of Rs. 30,200/- vide letter dated 21.03.2022; his DCRG was reduced from Rs. 12,56,639/- to Rs. 11,21,639/-; and, he was sanctioned unutilized Leave Encashment of 300 days at the reduced Basic Pay of Rs. 58,600 + D.A. Rs.19,924/-, amounting Rs. 7,85,240/-, instead of 60,000/- + DA. As a consequence of the refixation of his pay upon deferment of his annual increment an amount of Rs. 1,34,002/- towards pay and allowances for the period from 01.07.2016 to 31.03.2022 was sought to be recovered from him.

It is stated that reduction of his pay, after six years, though adversely affected his pension and other pensionary benefits, the same was done behind his back without putting him any notice.

The applicant did not have any contribution towards grant of st increment on 1 July, 2016 or its continuance thereafter. The authorities refixed the pay and reduced his basic pay, pension and pensionary benefits without considering the very fact that for grant of annual increment an employee has to complete minimum 6 months of qualifying service as on 01.07.2016. Hence, prior to 01.07.2017, the period from 08.05.2016 to 04.06.2016 and 17.6.2016 to 18.6.2016 has been declared as DIES-NON which is about 30 days only whereas the applicant has discharged his duties for more than 11 months between 1.1.2016 to 1.1.2017. Since the minimum qualifying service for increment is 6 months and the applicant has discharged his duties for more than 11 months, he was rightly sanctioned annual increment in July, 2016 by the DDO, Puri, which ought not to have been modified. Further, the Respondents ordered for recovery of the amount without following DoP&T OM dated 02.03.2016 issued on the subject of “'Recovery of wrongful / excess payment made to Govt. Servants” which was circulated by Dept. of Posts, Dak Bhawan, New Delhi, on 13.10.2017 for compliance. Hence, the action of the Respondents in so far as recovery is concerned is bStaadt ein o lfa wPu lnajida bd o&w onr sb Vys t.h Rea Hfioqn M’blaes iAhp (eWx Choituer tW ina sthhee rc) esetcs of in CA No. 11527 of 2014 (ATrihsionmg aosu tD oafn SieLlP A(Cp)p Neoll.a1n16 8V4s . oSft 2at0e1 2o) of Koredrearl ad at&e d O1r8.12.2014; , Civil Appeal No. 7115 of 2010, Judgment dtd.02.05.2022 so also the DoP&T OM dated 02.03.2016. His stand is that after getting copy of letter 08/11.04.2022, he represented to DA(P) on 24.05.2022, CPMG, Odisha Circle, BBSR, on 24.06.2022 and 28.07.2022 and to DoP&PW, New Delhi through CPENGRAM on 30.10.2022, but he failed to get any justice from them. Learned counsel for the applicant submitted that the authority treated the period in question as ‘DIES NON’ invoking the principle of No work no pay, without break in service and without prejudice to any further action. Since the period was ordered not to cause break in service, exclusion of said period for granting annual increment amounts to imposing another punishment which is not sustainable in the eyes of law but the respondents did the same for which he has approached this Bench

(wa)i tTho t halel orwel itehfes Oasr iugnindael rA: p plication, and quash the memorandum dated.1/2.06.2023 issued by the respondent no.3 under Annexure-A/15

(b) To quash the letter of Sr. AO (Pension) Resp. No.3 dtd.21.03.2022 of Accounts Enfacement: Remarks for the applicant so far Para-10 is concerned under Annexure-A/4.

(c) To quash the orders passed by the Respondent No.4 on 12.05.2022, 02.06.2022 and 07/08.06.2022, 10.06.2022 (Para-5.7 & 10) under Annexure-A/7 series and Annexure-A/8 and authorities of DA(P) CK-4 issued by AAO (Pension Section) vide PPO dtd