Central Administrative Tribunal - Allahabad
Durga Shankar Ojha vs Cgda on 12 April, 2024
O.A./362/2024
(Open Court)
Central Administrative Tribunal, Allahabad
****
Original Application No.362 of 2024
th
This the 12 Day of April, 2024.
Hon'ble Mr. Justice Rajiv Joshi (J)
1. Durga Shankar Ojha Sio Late Amar Nath Ojha, Ex-Senior Auditor,
A/c No. 8316118, Rio 456, Mutthiganj, Prayagraj (U.P.),
PIN-211003, retired on 31.12.2023 from office of the PCDA(P),
Allahabad.
2. Surendra Mani Misra S/o Late Tirath Raj Misra, Ex-Senior Auditor,
A/c No. 8316189 R/o 154/8D, Seokuti, Teliarganj, Prayagraj (U.P.),
PIN-211004, retired on 31.12.2023 from office of the PCDA(P),
Allahabad.
3. Ram Badan Kuril S/o Late Dipan Ram, Ex-Senior Auditor, A/c No.
8332075, Rio C/o S. K. Ram, 58E/8D/2, Ganga Nagar, Circular
Road, Prayagraj (U.P.), PIN-211001, retired on 31.12.2023 from
office of the PCDA(P), Allahabad.
...........Applicant
By Advocate: Shri B.D. Tiwari
Shri V.K Tiwari
Versus
1. Union of India through Secretary, Ministry of Defence (FIN), North
Block, New Delhi.
2. The Secretary, Department of the Personnel and Training. Ministry
of Personnel, Public Grievances & Pension, Government of India,
New Delhi.
3. Controller General Defence Accounts, Ulan Batar Road, Palam,
Delhi Cantt-110010.
4. PCDA (P), Allahabad (U.P.).
...Respondents
By Advocate: Shri Chakrapani Vatsyayan
ORDER
1. Heard Mr. B.D. Tiwari, learned counsel for the applicants and Mr. Chakrapani Vatsyayan, learned counsel for the respondents and perused the records.
2. This Original Application has been filed under section 19 of the Central Administrative Tribunal Act, 1985, seeking the following relief:
(i) To command or Direct the respondents to allow the benefit of one increment on notional basis to the applicants w.e.f. 01.01.2024 for the Pensionery purposes consequent on their retirement from service dated Page 1 of 3 O.A./362/2024 31.12.2023 in view of the judgment of the Hon'ble High Court of Madras dated 15.09.2017 in the case of P. Ayyamperumal Vs. Union of India & others and confirmation of the aforesaid judgment by the Hon'ble Apex Court vide order dated 23.07.2018 and re-fix their pension accordingly.
(ii) To award the penal interest @ 9% p.a. on the amount of arrears of pension including the cost of the petition as the respondents are responsible for causing unnecessary financial hardship to the applicants.
(iii) To pass any other or further order as the Hon'ble Court deems fit and proper in the circumstances of the case.
3. Although the matter has been listed under the heading 'Fresh Admission', the same is heard and decided today itself with the consent of learned counsels appearing for both the parties.
4. Learned counsel for the applicants submits that in the identical matter, i.e., O.A.No.696/2023 (Sadiq Hasan Siddiqui Vs. Union of India & Ors.) which was decided on 08.09.2023 by this Tribunal, whereby the said Original Application was allowed with the direction to the respondents to grant the benefit of one notional increment, which due fall to that applicants and also to revise the retiral dues and to paid to them. The said judgment/order was passed, taking into account the judgment of Hon'ble Apex Court dated 11.04.2023 passed in the case of The Director (Admn.And HR) KPTCL & Ors. Vs C.P. Mundinamani & Ors. (Civil Appeal No.2471/2023). The relevant portion of the said judgment/order dated 08.09.2023 passed in O.A.696/2023 is quoted as under:-
8. As the facts of the case have already been stated above in detail, the same are not reiterated for the sake of brevity. Issue regarding grant of one notional increment to the employees who retired on 30th June of the year was considered by the Hon'ble Supreme Court of India in judgment dated 11.04.2023 passed in case Civil Appeal No. 2471 of 2023 titled The Director (Admn.
And HR) KPTCL & ORs. Versus C.P. Mundinamani & Ors. wherein the Apex Court has approved and upheld the view taken by different High Courts regarding granting of one annual increment earned by 3 | P a g e the employees on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently.
Page 2 of 3O.A./362/2024 Thus, there is no scope to take a contrary view with the view taken by the Apex Court in the aforesaid case.
9. Accordingly, in view of the above quoted deliberations, the instant OA is liable to be allowed and is accordingly, allowed at the admission stage itself. Respondents are hereby directed to issue one notional increment to the applicant and further issue revised PPO thereby granting them all consequential benefits. The said exercise be completed within a period of three months from the date of this order without fail.
5. On the other hand, learned counsel for the respondents admits that the issue involved in the present case is identical to the judgment rendered in O.A.No.696/2023 by this Tribunal and as such he proposed not to file any counter affidavit.
6. In view of the above, the prayer made in the Original Application is allowed at the Admission stage itself with the same direction. Accordingly, the respondents are directed to grant one notional increment, which due fall to the applicants and further issue revised Pension Payment Order (PPO) along with all consequential benefits, within a period of four months from the date of receipt of a certified copy of this order. Resultantly, instant O.A. stands allowed.
7. All associated M.A.s stand disposed of accordingly.
8. There shall be no order as to costs.
( Justice Rajiv Joshi) Member (J) Arpita Page 3 of 3