Central Administrative Tribunal - Mumbai
Balkrishna M Nalawade vs Western Railway on 28 July, 2025
1 OA No.1335/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.1335/2024
Date of Decision : 28th July, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Balkrishna M. Nalawade, Age 60 years
Retired Running Senior Passenger Train
Manager and R/at:1002, Yogi Krishna,
Plot No.40, Sector 18 PT, Datta Mandir Road,
Ulwe, Navi Mumbai, Wahal,
Maharashtra - 410 206.
Mob No.8369405021. -Applicant
(By Advocate Shri Suhas Mandal i/b Shri Joe Dsouza )
Versus
1. Union of India (Through)
The General Manager,
Western Railway, Mumbai Churchgate,
Mumbai - 400 020.
2. Sr. Divisional Personnel Officer,
Personal Branch, DRM's Office,
Western Railway, Mumbai Central,
BCT, Mumbai - 400 008.
3. Sr. Divisional Finance Manager,
DRM's Office, Western Railway,
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=
Milan Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.08.04 10:18:29+05'30'
Mumbai Central,
Foxit PDF Reader Version: 2024.4.0
Mumbai - 400 008. - Respondents
(By Advocate Ms. Sangeeta Yadav)
2 OA No.1335/2024
ORAL ORDER
Per : Mr. Shri Krishna, Member (A)
Since the matter has been finally settled by the Hon'ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. (reported in 2023 SCC Online SC 401) 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, we deem it appropriate to pass necessary orders in this case and the case is taken up for disposal.
2. The applicant, who is a retired employee from the Western Railway, has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to the respondents to grant one annual increment as earned by him on the last day of his service which is 30th Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso June, 2024. Therefore, he claims the notional Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 increment from 01st July, 2024 and revision of PPO dated 28th June, 2024 based on the judgment of Hon'ble Supreme court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.3 OA No.1335/2024
(supra).
3. After issuance of notice, learned counsel for the respondents has filed today letter dated 22nd March, 2025 issued by the Divisional Office, Mumbai Division stating as under:
"CAT/BB in OA No.858/24 dt.03.12.24 has ordered that the below named ex-
employees are to be granted one
notional increment on 01.07.23,
subject to their previous good conduct and satisfactory work in the previous year and they are not entitled to arrears nor pensionary benefits. On perusing the service sheets of these ex-employees, it is seen that their conduct has been good and work satisfactory in the previous year and they stand eligible to be granted 01 notional increment."
However, the name of the applicant does not appear in the list of the employees to whom the notional increment has been granted in the above Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= letter.
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0
4. We have considered the pleadings and the letter submitted by the learned counsel for the respondents.
4 OA No.1335/2024
5. 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. While observing that the issue raised in the 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
period prior to 30.04.2023 (erroneously Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 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.5 OA No.1335/2024
(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."
This interim order will continue till further orders of Hon'ble Apex Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d).
6. 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 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso January to the Central Government employees who Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 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 6 OA No.1335/2024 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.
7. Thereafter, MA Diary No.2400/2024 in Civil Appeal No.3933/2023 in the case of Union 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' succeeded, the directions given in the said judgment Foxit PDF Reader Version: 2024.4.0 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 7 OA No.1335/2024 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. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as 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.
Digitally signed by Milan Jackson AlphansoMilan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= Recording the aforesaid, the miscellaneous applications 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 are disposed of.
We, 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 8 OA No.1335/2024 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 connected applications, the present contempt petitions will be treated as disposed of with liberty to the petitioners to take 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."
8. 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, Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso had dismissed the Review Petition (Dy No. 36418/2024) filed Alphanso Reason: I am the author of this document Location:
by this Department with the observation that there is no Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 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:9 OA No.1335/2024
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 preferred, or if filed, is entertained by the appellate court; d. In case any retired employee filed an application for 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 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= case any excess payment has already been made, including arrears, such amount paid will not be recovered. Court has 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 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 10 OA No.1335/2024 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 benefits.
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)
9. Taking into consideration the aforesaid position, the OA is disposed of with a direction to the respondents to grant one notional increment to the applicant w.e.f 01.07.2024 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 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso mentioned above. Pending MAs, if any, stand Alphanso Reason: I am the author of this document Location:
Date: 2025.08.04 10:18:29+05'30' Foxit PDF Reader Version: 2024.4.0 closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.