Central Administrative Tribunal - Mumbai
Sanjay Shankar Pore vs Central Railway on 10 June, 2025
1 OA No.847/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.847/2024
Date of Decision : 10th June, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
1. Sanjay Shankar Pore, Age 61 years,
Retired Chief OS,
G.No-686, Flat No.903,
The Orchid near IVY Estate Wagholi,
Wagholi, Pune, Maharashtra - 412 207.
2. Shaila Mahadeo Shinde, Age 61 Yrs,
Retired Porter (Commercial),
Siddhi-Balaji Heights, 107,
Mangalwarpeth, Pune City, Pune,
Kasba Peth, Maharashtra - 41101.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1
3d4f0f1dc, PostalCode=401203, S=Maharashtra,
SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c
Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
3. Mangaldas Laxman Mane, Age 61 Yrs,
Location:
Date: 2025.06.13 15:38:24+05'30'
Foxit PDF Reader Version: 2024.4.0
Retired Sr. Tech (Fitter),
Dreams Rachana, Flat no.A-404, S No.304/1,
Kale Padal, Hadapsar (n.v.), Pune,
Maharashtra - 411 028.
4. Ravindera Tukaram Balkawade, Age 63 Yrs,
Retired Sr. Tech (Machinist),
Near Badhe Park, Sr. No,54/1/19, Shrimol Nivas,
Pragati Garden Mundhwa, Pune City,
Pune City, Pune, Maharashtra - 411 036.
5. Ramchandra Parshuram Shinde, Age 63 Yrs,
Retired Sr. Technician,
143 A/4B, Kamal Colony, Ghavate Wasti Manjari BK,
Pune, Phase No.1, Manjari Budruk, Pune,
Maharashtra 412 307.
6. Pathan Salim Khan, Age 73 Yrs,
Retired Senior Section Engineer,
R Euphoria Society, B 6 Flat No.1003, 10th Floor,
2 OA No.847/2024
Near Talab Factory, Kondhwa Pune City,
Pune - 411 048.
7. Bhaurao Digambar Nimgire, Age 64 Yrs,
Retired Sr. Tech (FITTER),
Residing Near Railway Station,
Indiranagar A/P-Jeur, Tal-Karmala,
Jeur, Solapur, Maharashtra - 413 202.
8. Baburao Kalsoo Sonawane, Age 65 years
Retired Sr. Tech (FITTER),
C/o Baburav Kalasu Sonawane, Sitaram Nagar,
Indapur, Bhigvanistan (n.v.), Pune,
Maharashtra - 413 105.
9. Dnyanoba Venkatrao Chamle, Age 64 Yrs,
Retired SSE D ENGG
Sr. No.134/1/4, Sinhgad Road, Opp Shri Sai Sparking,
Dalwiwandi, Nanded Phata, Pune City, Vadgaon Budruk,
Pune, Maharashtra - 411 041.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1
3d4f0f1dc, PostalCode=401203, S=Maharashtra,
10. Rajan Vasudeo Bhagwat, Age 64 Yrs,
SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c
Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:38:24+05'30'
Foxit PDF Reader Version: 2024.4.0
Retired SSE MECH,
S No-94/B Huss No-2 Hriday Housing Society,
B-Wing-302, Near Rajshri Shahu Vidyalaya,
Mundhva Pune City,
Maharashtra - 411 036.
11. Vilas Shankar Makar, Age 66 Yrs,
Retired FITTER (MCM)
Pune, Maharashtra - 412 214.
12. Devanand Sitaram Didwal, Age 67 Yrs,
Retired Sr. Tech (Mech),
Iskcon City Apartment, Flat No.C-203,
Alandi Moshi Road, Tal-Haveli, Dudulgaon,
Alandi Rural, Pune - 412 105.
13. Benito P. Philips, Age 67 Yrs,
Retired Sr. Tech (Fitter)
Pl No.340/28, Satyam Super Market,
Pune City, Maharashtra - 411 044.
3 OA No.847/2024
14. Popat Rambhau Walkoli, Age 68 Yrs,
Retired CH.OS,
RB IV, B-2, New Diesel Colony, Dhole Patil Road,
Near City Point, Pune - 411 001.
15. Sayaji Chander Dhiwar, Age 70 Yrs,
Retired Head Travelling Ticket Examiner,
301, Sanghdmitra Housing Society,
38/1/1/12, Kondhwa Khurd, Pune City,
Maharashtra - 411 048. -Applicants
( By Advocate Shri Samir Singh )
Versus
1. Union of India (Through)
The General Manager,
Central Railway, Mumbai CSMT,
Mumbai - 400 001.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1
3d4f0f1dc, PostalCode=401203, S=Maharashtra,
2. Sr. Divisional Personnel Officer,
SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c
Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:38:24+05'30'
Foxit PDF Reader Version: 2024.4.0
Personal Branch,
Pune, Central Railway,
Pune - 411 060.
3. Sr. Divisional Finance Manager,
Personal Branch,
Pune, Central Railway,
Pune - 411 060. - Respondents
(By Advocate Mrs. J.K. Rehel)
ORAL ORDER
Per : Mr. Shri Krishna, Member (A)
The matter was listed under 'Orders' category. However, by the consent of learned counsels for both the parties, the matter was 4 OA No.847/2024 taken up for final hearing as the issue involved is finally settled by the Hon'ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors.
Vs. C.P. Mundinamani & Ors. in Civil Appeal No.2471 of 2023 dated 11.04.2023 and in the case of Union of India & Anr. Versus M. Siddaraj, MA Diary No.2400/2024 in Civil Appeal No.3933/2023 dated 20.02.2025 and the same has been implemented by the DoPT by way of OM dated 20.05.2025.
2. The applicants have retired on superannuation on 30.06.2023, 30.06.2023, 30.06.2022, 30.06.2021, 30.06.2021, 30.06.2021, Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
30.06.2020, 30.06.2019, 30.06.2020, 30.06.2019, Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 30.06.2018, 30.06.2017, 30.06.2017, 30.06.2016 and 30.06.2014 respectively. They are claiming notional increment which they claim was due to them on 01.07.2023, 01.07.2023, 01.07.2022, 01.07.2021, 01.07.2021, 01.07.2021, 01.07.2020, 01.07.2019, 01.07.2020, 01.07.2019, 01.07.2018, 01.07.2017, 01.07.2017, 01.07.2016 and 01.07.2014 respectively. The applicants preferred a representation dated 02.05.2024. The respondents rejected the same vide impugned 5 OA No.847/2024 order dated 27.06.2024. Being aggrieved and dissatisfied by not granting the annual notional increment, the applicants filed this OA.
3. Learned counsel for the applicants has placed reliance on the decision of Hon'ble Supreme Court in the case of Union of India & Ors. Vs. P. Ayyamperumal, Special Leave Petition (Civil) Diary No(s).22283/2018 dated 23.07.2018 whereby the order of Hon'ble High Court of Madras was upheld and SLP was dismissed. He has also placed reliance on the decision of Hon'ble Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Supreme Court in the case of The Director (Admn.
Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.
(supra) wherein the Hon'ble Apex Court has held that the employees retiring on 30th June/31st December are entitled for annual increment on the next date of their retirement i.e. 01st July/01st January.
4. Further, it is submitted that MA Diary No.2400/2024 in Civil Appeal No.3933/2023 in the case of Union of India & Anr. Versus M. Siddaraj has already decided on 20th February, 2025 by the 6 OA No.847/2024 Hon'ble Supreme Court.
5. We have considered the submission of learned counsels for the parties.
6. We find that the Hon'ble Supreme Court on 06.09.2024, while hearing MA No.2400/2024 filed by Ministry of Railways along with several Intervention Applications tagged therewith, Hon'ble Supreme Court took note of the pending Petition (Dy. No.36418/20245) filed by Union of India seeking review of its order dated 11.04.2023 in CA No.2471/2023 in the matter.
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c While Alphanso observing that the issue raised in the 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 applications requires consideration insofar as the date of applicability of the judgment dated 11.04.2023 in CA No.2471/2023 to third parties is concerned, Hon'ble Court issued following directions, by way of an interim order, to prevent any further litigation and confusion:
(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 30.04.2023 (erroneously mentioned as 31.04.2023 in the Order) will not be paid.7 OA No.847/2024
(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No.3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed."
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= This interim order will continue till further Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document orders of Hon'ble Apex Court. However, no Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d).
7. Pursuant to the above directions of Hon'ble Supreme Court, the Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions has issued Office Memorandum No.19/116/2024-Pers.Pol.(Pay)(Pt) dated 14.10.2024 stating that the action may be taken to allow the increment on 1st July/1st January to the Central Government employees who 8 OA No.847/2024 retired/are retiring a day before it became due i.e. on 30th June/31st December and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. The grant of notional increment on 01st January/01st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits.
8. Thereafter, MA Diary No.2400/2024 in Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Civil Alphanso Appeal No.3933/2023 in the case of Union 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 of India & Anr. Versus M. Siddaraj was finally decided by the Hon'ble Supreme Court vide its order dated 20.02.2025. The observations of Hon'ble Supreme Court are as under:
".....We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:
"(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023.
Enhanced pension for the period prior to 31.04.2023 will not be paid.
(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment 9 OA No.847/2024 will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/ impleadment was filed."
We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions.
Digitally signed by Milan Jackson AlphansoWe are, however, of the opinion that Clause (d) of the order DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
dated 06.09.2024 requires modification which shall now read as Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 under:
"(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed."
Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in "Union of India & Anr. v. M. Siddaraj, as in such cases, clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are disposed of.
10 OA No.847/2024We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.
It will be open to any person aggrieved by non- compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.
Pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order.
Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023, 11336/2024 and 20636/2024 In view of the order passed today in the connected matters, that is, M.A. Diary No. 2400 OF 2024 and other Digitally signed by Milan Jackson Alphanso connected applications, the present contempt petitions will be DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
treated as disposed of with liberty to the petitioners to take Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 recourse to appropriate remedies, if required and necessary, as indicated supra. It goes without saying that the respondents shall examine the cases of the petitioners/ applicants in terms of the order passed today and comply with the same expeditiously.
Pending application(s), if any, shall stand disposed of."
9. Subsequently, the DoPT has issued another OM No.19/116/2024-Pers.Pol.(Pay) (Pt) dated 20.05.2025. It will be useful to extract herein below the relevant paras of the above OM:
2. Hon'ble Supreme Court, vide Order dated 18.12.2024, had dismissed the Review Petition (Dy No. 36418/2024) filed 11 OA No.847/2024 by this Department with the observation that there is no error apparent on the face of the record, warranting reconsideration of the order impugned.
3. Hon'ble Supreme Court has subsequently disposed of MA No.2400/2024 filed by M/o Railways and other petitions vide Order dated 20.02.2025 while issuing the following final directions in the matter:
a. The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 30.04.2023 (erroneously mentioned as 31.04.2023 in the Order) will not be paid;
b. For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid;
c. The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been Digitally signed by Milan Jackson Alphanso preferred, or if filed, is entertained by the appellate court; DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
d. In case any retired employee filed an application for Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0 intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Courts/Supreme Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ petition/original application was filed.
4. The Hon'ble Supreme Court has decided that the direction referred at Para 3(d) above will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/Supreme Court after the judgment in "Union of India & Anr. Vs M. Siddaraj", as in such cases directions referred in Para 3(a) will apply.
5. In addition, Hon'ble Supreme Court has clarified that in case any excess payment has already been made, including arrears, such amount paid will not be recovered. Court has 12 OA No.847/2024 decided that pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order.
6. The matter has been examined in consultation with D/o Expenditure and D/o Legal Affairs. It is advised that in pursuance of the above referred Order dated 20.02.2025 of the Hon'ble Supreme Court, action may be taken to allow the increment on 1st July/1st January to the Central Government employees who retired/are retiring a day before it became due i.e. on 30th June / 31st December and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them.
As specifically mentioned in the orders of the Hon'ble Supreme Court, grant of the notional increment on 1st January / 1st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary Digitally signed by Milan Jackson Alphanso benefits.
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0
7. This issues with the concurrence of D/o Expenditure vide their Dy. No. 08-09/2019-E.IIIA(Vol.III) (4265134) dated 29.04.2025 and D/o Legal Affairs vide Computer Dy.
No. E-144903 dated 17.03.2025."
(Emphasis supplied)
10. Taking into consideration the aforesaid position, the OA is disposed of with a direction to the respondents to grant one notional increment to the applicants w.e.f 01.07.2023 within a period of 90 days from the date of receipt of a certified copy of this order in terms of para 6 of the DoPT OM dated 20.05.2025 13 OA No.847/2024 mentioned above. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma*
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d1 3d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c Alphanso 8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:38:24+05'30' Foxit PDF Reader Version: 2024.4.0