Payment of Gratuity Act 1972
9 months ago
Ceiling limit enhanced 20 lakh under POGA, on 29.4.2018 and ceiling limit enhanced under CCS pension Rule, 1972,w.e.f 01.01.2016. I am retired from service on 31.12.2016 and got amount of gratuity Rs. 10 lakh. Later on, my pay scale has been revised. As per revised pay I calculated my gratuity amount Rs. More then 20 lakh. Whether I am eligible remain balance of 10lakh under POGA.
A.Dear Client,
The Government vide notification no. 1420(E) dated 29th March, 2018 has enhanced the gratuity ceiling under the Payment of Gratuity Act, 1972 from Rs. 10 Lakh toRs. 20 Lakh with effect from 29th March, 2018. You retired from service w.e.f. 31.12.2016 i.e, before the enhancement of ceiling of gratuity which is effective from 29/03/2018. So, on revision of pay scale after the date of retirement cannot make you eligible to claim enhance amount of gratuity revised under POGA and effective from 29/03/2018 as the gratuity is caluculated on the basis of date of retirement of employee and you were aleady paid the maximum limit of gratuity payable to you before the revision. So far the enhancement of ceiling limit of pension under CCS pension Rule, 1972, w.e.f. 01.01.2016 is concerned it is to inform that minimum pension after enhancemet of ceiling is Rs. 9000 per month and maximum limit on pension is 50% of the highest pay in the Government of India (presently Rs. 1,25,000) per month. The amount of pension is 50% of the emoluments or average emoluments whichever is beneficial. Since you retired after enhancement of ceiling of pension, you can claim pesion at the enhanced rate if is not effected in your case after revision of pay scale even after retirement.
The Government vide notification no. 1420(E) dated 29th March, 2018 has enhanced the gratuity ceiling under the Payment of Gratuity Act, 1972 from Rs. 10 Lakh toRs. 20 Lakh with effect from 29th March, 2018. You retired from service w.e.f. 31.12.2016 i.e, before the enhancement of ceiling of gratuity which is effective from 29/03/2018. So, on revision of pay scale after the date of retirement cannot make you eligible to claim enhance amount of gratuity revised under POGA and effective from 29/03/2018 as the gratuity is caluculated on the basis of date of retirement of employee and you were aleady paid the maximum limit of gratuity payable to you before the revision. So far the enhancement of ceiling limit of pension under CCS pension Rule, 1972, w.e.f. 01.01.2016 is concerned it is to inform that minimum pension after enhancemet of ceiling is Rs. 9000 per month and maximum limit on pension is 50% of the highest pay in the Government of India (presently Rs. 1,25,000) per month. The amount of pension is 50% of the emoluments or average emoluments whichever is beneficial. Since you retired after enhancement of ceiling of pension, you can claim pesion at the enhanced rate if is not effected in your case after revision of pay scale even after retirement.
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A.Dear client,
If you retired from service on 31.12.2016, and the ceiling limit was enhanced on 1.1.2016, then you must get gratuity on the enhanced limit. Please approach the labour commissioner to claim the remaining amount
If you retired from service on 31.12.2016, and the ceiling limit was enhanced on 1.1.2016, then you must get gratuity on the enhanced limit. Please approach the labour commissioner to claim the remaining amount
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