Central Administrative Tribunal - Madras
A Muthuramalingam vs M/O Defence on 8 July, 2024
1 OA 310/00835/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00835/2024 &M.A.No.501/2024
Dated, Monday, the 8th day of July, Two Thousand Twenty Four
CORAM :
HON'BLE MR.M.SWAMINATHAN, JUDICIAL MEMBER
1) A.Mutthu Ramalingam
S/o Angamuthu, aged 71 years,
retired as Technical Officer (retd),
53, second street, Avadi, Lazar Nagar,
KamarajNagar, Tiruvallur,
Tamil Nadu - 600071.
2) B. Rajendra Chetty
S/o Desappa Chetty, aged 75 years,
retired as Technical Officer C (retd),
105, Arjun main road, Modern city, Pattabiram,
Tiruvallur, Tamil Nadu - 600072.
3) T. Prakash Kumar,
S/o AK Krishnan, aged 63 years,
Technical Officer C (retd),
R/o: 5, Sabapathy Street, Aminjikarai,
Chennai, Tamil Nadu - 600029.
4) Subburaju,
S/o Subramaniam, aged 69 years,
Technical Officer B (retd),
R/o: 251, 5TH street, Modern city, Pattabiram,
Soranjeri, Tiruvallur, Tamil Nadu - 600072
5) A. Lakshmi Narasimhan,
S/o Aravamudhan, aged 72 years,
Technical Officer D (retd),
R/o: Plot 11/4, Sai Arshitha, Sarathy Nagar, 2nd Street,
Velacherry, Chennai, Tamil Nadu - 600 042
6) G. Indirakumar,
S/o M. Ganesan, aged 71 years,
Technical Officer C (retd),
R/o: 179A, Sundaram Nagar,Tondiarpet,
Chennai,Tamil Nadu - 600 081
2 OA 310/00835/2024
7) V. S. Purushothaman,
S/o Sambasiva Pillai, aged 71 years
Civil Security Officer Gr II (retd),
R/o: 96 N. R. S. Road, Korattur RS Tiruvullar,
Tamil Nadu - 600076.
8) B. Charles,
S/o Balaya, aged 69 years,
Stores Officer (retd)
R/o: 9 Ramalingam second cross street, Gandhi Nagar,
Avadi, Tiruvallur,Tamil Nadu - 600054.
9) G.Ramachandran,
S/o Govinthasamy, aged 68 years,
Technical Officer C (retd),
R/o: 41, 3rd street, pallavan Nagar, Kamaraj Nagar,
Poonamallee, Tiruvallur, Tamil Nadu -600071.
10) S. Tharani Singh,
S/o Srinivasan, aged 71 years,
Technical Officer (retd),
R/o: 14, Thilagar street, Nandavana Mettur,
Avadi, KamarajNagar, Tiruvallur,
Kamaraj Nagar, Tamil Nadu - 600071.
11) E. Poongothai,
W/o Elumalai, aged 68 years,
Senior Admin Assistant (retd),
R/o: 39, 4th street, Pallavan Nagar,
Avadi, Kamaraj Nagar, Tiruvallur,
Poornamallee, Tamil Nadu - 600071.
12) G. Natarajan
S/o Govindasamy, aged 73 years,
Technical Officer A (retd),
R/o: 3, Vinayagar Koil, 4th Cross Street,
Avadi Rajbai Nagar, Kamaraj Nagar,
Tiruvallur, Tamil Nadu - 600071.
13) N. Subramanyam,
S/o N. Munaswamy, aged 72 years,
Technical Assistant- C (retd),
R/o: No 16, Tiruvallur street, Gandhi Nagar,
Avadi, Chennai, Tamil Nadu-600054.
14) P. Kuppuswamy,
S/o Ponnan, aged 68 years
Technician - A (retd),
R/o: No-129, 8th street, 2nd cross street, Modern city,
3 OA 310/00835/2024
Pattabiram, Tiruvallur, Tamil Nadu -600072.
15) M. Bhoopalan,
S/o Masilamani, aged 75 years,
Technical Assistant-C (retd),
R/o: 2, Periya 3rd Cross, Gandhi Nagar West, Ambattur,
Avadi camp, Tiruvallur, Tamil Nadu - 600 054.
16) U. Selvarani,
aged 71 years, W/o Umakanthan (Late)
Senior Stores Assistant (retd),
R/o: House No-4, Ganapathy koil street, Perlyar Nagar,
Avadi, Kamaraj Nagar, Tiruvallur, Tamil Nadu -600 071.
17) V. Kesavalu,
S/o Vedhachalam, aged 71 years,
Office Attendant II (retd),
R/o: 9/12, Bannar street, (Marai malai adigal street)
Pazhavanthangal, Kancheepuram, Tamil Nadu - 600 014.
18) M. Suseela,
W/o Munuswamy, aged 68 years,
Technician B (retd),
R/o: 3/112, Thiruvalluvar street,
Mannivakkam, Chengalpattu,
Kancheepuram,Tamil Nadu - 600 048.
19) R. Chellapandian,
S/o Ramaswamy, aged 63 years,
Technical Officer C (retd),
R/o: P.No.11A, Yamunai Street,
Vasantham Nagar, Avadi, Kamaraj Nagar,
Poonamallee, Tiruvallur, Tamil Nadu - 600 071.
20) M. Pandian,
S/o Murugesan, aged 66 years,
Technical Officer C (retd),
R/o: No. 16, Sivaraj street,Keelkattalai,
Old Pallavaram, Alandur, Kancheepuram,
Tamil Nadu -600 117.
21) D. Parthasarathi,
S/o Damodaran, aged 67 years,
Technical Officer C (retd),
R/o: No. 10, Lakshmi castle, HIG BLOCK,
TNHB, Avadi camp, Tiruvallur, Tamil Nadu -600 054.
22) S. Chandramohan
S/o Shanmugam, aged 63 years
Technical Officer (retd),
4 OA 310/00835/2024
R/o: No 25 Godavari Street,
Surya Nagar, Minjur, Tiruvallur,
Tamil Nadu - 601 203.
23) D. Krishnan,
S/o Dhanapal, aged 75 years,
Technical Assistant B (retd)
R/o: No. 29/25, K.K Nagar, 3RD street,
Kolathur, Tiruvallur, Tamil Nadu - 600 099.
24) S.Muralidharan,
S/o S Raghavacharai, aged 68 years,
Technical Officer B (retd),
R/o: No. 1/15, 2ND Lane, NRS Road,
Kalaj Azhagan Complex, Korattur, Ambattur,
Tiruvallur,Tamil Nadu -600 076.
25) G. Rajasekaran,
S/o, Ganapathy, aged 61 years,
Technical Officer C (retd),
R/o: 6, Perumal Kovil Street, Govarthanagiri,
KamarajNagar, Tiruvallur, Tamil Nadu - 600 071.
26) M. Bathrinarayanan,
S/o Masilamani, aged 63 years,
Technical Officer C (retd),
R/o: 13, 4TH Main road, Thendral Nagar West,
Thirumullaivayol, Vellanur, Ambattur,
Tiruvallur, Tamil Nadu - 600 062.
27) C. Jayakumar,
S/o Chellaiah, aged 73 years,
Technical Officer C (retd),
R/o: 5/18, Periyar Main, Gandhi Nagar West,
Avadi Camp, Tiruvallur,Tamil Nadu - 600 054.
28) M. Vetrivelu,
S/o M.T.Munuswamy, aged 74 years,
Technical Officer C (retd),
R/o: Flat no:104,Tower no:17, Sky city Apartments,
Ambattur road, Vanagaram, Tamil Nadu - 600095.
29) P. Bhavani Shankar,
S/o P. Koteeasewaram, aged 72 years,
Technical Officer A (retd),
R/o: No.20/23, Tamil Nadu Housing Board,
Thirumullaivoyal PO, Poonamallee,
Tiruvallur Dist., Tamil Nadu - 600 062.
30) N. Mohan,
S/o Narayanasamy, aged 64 years,
5 OA 310/00835/2024
Technical Officer C (retd),
R/o: No. 3, 4TH Street, Anna Nagar,
Soranjeri, Tiruvallur, Pattabiram,
Tamil Nadu -600 072.
31) M. V. Govindankutty,
S/o Govindan Nair, aged 67 years,
Senior Accounts Officer II (retd),
R/o: EKP 16-257, Mekkara House, Perul South,
Mathamangalam, Bazar Post, Eramam,
Kannur, Kerala-670 306.
32) R. Abdul Jabbar,
S/o, Rahim, aged 74 years,
Technical Officer D (retd),
R/o: 34, Gandhi Street, Chitlapakkam,
Kancheepuram, Tamil Nadu, 600 064.
33) S. Rajendran,
S/o Subbaiah, aged 65 years,
Technical Officer B (retd),
R/o: 16, Kamaraj Street, Nandhvana Mettur,
Avadi, Kamaraj Nagar, Poonamallee,
Tiruvallur, Tamil Nadu - 600 071.
34) D. Ramu,
S/o Dhanapal, aged 72 years,
Technical Officer A (retd),
R/o: No. 139/1, Pillaiyar koil street,
Avadi, Tiruvallur,Tamil Nadu -600 054.
35) B. Chandrasekaran,
S/o Balaraman, aged 72 years,
Technical Assistant C (retd),
R/o: Plot No 30/34, sakthi saravana Apartment,
1st Floor, 2nd Main road, Lenin Nagar,
Ambattur, Tiruvallur, Tamil Nadu -600 053.
36) N. Karthikeyan,
S/o Natesan, aged 62 years,
Technical Officer (retd),
R/o: No. 12, Siyon cross street,
Rajiv Gandhi Nagar, Pattabiram, Amudurmedu,
Tiruvallur, Tamil Nadu -600 072.
37) E. Munuswamy,
S/o Ekambaram, aged 73 years,
Technical Assistant B (retd),
R/o: No. 16, Bhavani Street,
Poompozhil Nagar, Avadi, Vellanur,
Tiruvallur, Tamil Nadu -600 062.
6 OA 310/00835/2024
38) R. Palanisamy,
S/o Ramasamy, aged 70 years,
Technical Officer (retd),
R/o: No. 69, Collector Nagar 2nd street,
Anna Nagar West Extension, Chennai,
Tiruvallur, Tamil Nadu - 600 101.
39) K.Gautaman,
S/o Kalidoss, aged 65 years,
Technical Officer B (retd),
R/o: 7/1, Venkateswara street,
Kamarajapuram Pattabiram, Thandurai,
Poonamallee, Tiruvallur, Tamil Nadu - 600 072.
40) P.S.Vasanthi,
aged 63 years,W/o Natarajan (Late)
Technical Officer C (retd),
R/o: No. 9/14, Perumal Kovil Street,
Cholembedu, Thirumullaivoyal, Tiruvallur,
Poonamallee, Tamil Nadu -600 062.
41) P.Udaykumar,
S/o Palaiyam, aged 63 years,
Technical Officer (retd),
R/o: No. 181, Ambedkar street, Magaral,
Koduvalli, Tiruvallur, Tamil Nadu 600 055.
42) Annapoorani V. Rajan,
aged 66 years, W/o Late A. Varadarajan
Stores Officer (retd),
R/o: No. 2C Kurinchi street, Vasantham Nagar,
Kamaraj Nagar, Tiruvallur, Tamil Nadu -600 071.
43) R. Kannan,
S/o Rathinam, aged 76 years,
Technical Assistant B (retd),
R/o: No. 34, Bharathidasan street,
Avadi camp, Tiruvallur, Tamil Nadu - 600 054.
44) S.S.Ramu,
S/o Santhanam, aged 65 years,
Technical Officer (retd),
R/o: No. 26, Old post office street,
B3 Bhackya Apartment, Venkatpuram,
PO: Ambattur, DIST: Tiruvallur,
Tamil Nadu -600 053.
45) C.Rajyalakshmi,
aged 67 years,W/o Sivakumar,
7 OA 310/00835/2024
Data Entry Operator 'D' (retd),
R/o: No.16, 6th Main Road, Gopalapuram,
Pattabiram, Tiruvallur,
Chennai, Tamil Nadu - 600 072. ... Applicants
By Advocate M/s.Raveendra Babu Thupili
Vs
Union of India, Through
1. The Secretary,
Ministry of Defence,
Government of India,
101-A, South Block, New Delhi-110 011.
2. The Secretary,
Department of Defence R&D, and Chairman DRDO,
DRDO Bhavan, Rajaji Marg, New Delhi-110011.
3. The Secretary,
Ministry of Personnel, Public Grievances & Pensions,
Department of Personnel and Training (DoP&T),
North Block, New Delhi - 110 001
4. The Secretary,
Ministry of Finance, Department of Expenditure,
North Block, New Delhi - 110 001.
5. The Director General,
Director General Research and Development,
Ministry of Defence, Govt. of India,
Directorate of Personnel, Defence Research and
Development Organization (DRDO)
DRDO Bhawan, Rajaji Marg, New Delhi-110 011.
6. The Director,
Combat Vehicles Research & Development Establishment
(CVRDE) Ministry of Defence, Govt. of India,
Avadi, Chennai - 600 054. ... Respondents
By Advocate Mr.Su.Srinivasan
8 OA 310/00835/2024
ORAL ORDER
(Pronounced by Hon'ble Mr. M.Swaminathan, Member(J)) 45 applicants have filed MA 501/2024 for joining together and file a single OA. Accepting the reasons stated in the affidavit filed in support of the MA, the said MA for joining together to file a single OA is allowed.
2. The applicants have filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"(i)To direct the respondents to grant another increment, notional increment, due for all the Applicants/their deceased spouses, who retired on 30th June/ 31st December of any particular year, which would be payable on the 1st of the next month of their respective dates of retirement
(ii)To revise the pensions of all the Applicants, and to pay, at the earlierst, their respective consequential arrears, since the date of retirement of the respective Applicants/their deceased spouses, as the case may be; and
(iii)To pass such other such relief/reliefs, which the Hon'ble Tribunal deems fit in the circumstances of the case."
3. Brief Facts of the case are as under:
All the Applicants herein, except Applicants 16, 40, and 42, are retired officers/employees, and the Applicants 16,40, and 42 are the family pensioners, of the Combat Vehicles Research & Development Establishment (CVRDE), Avadi, 9 OA 310/00835/2024 Chennai, Tamil Nadu, i.e., the 6 th respondent, functioning under the Ministry of Defence, Govt. of India. The applicants/their deceased spouses, as the case may be, joined the service of CVRDE, on various dates and cadres, and after getting several promotions/financial upgradations, they retired from the service either on 30th June or 31st December, on their respective years of retirement on superannuation, i.e., from 2008 till 2023. Their grievance is while calculating their retirement benefit, they were not given one increment for the completed period of year. The applicants after coming to know about the various decisions of this Hon'ble Tribunal and the latest decision of the Hon'ble Apex Court in Director (Admn.HR) KPTCL & Others Vs C.P.Mundinamani & Others (2023) SCC Online SC 401, various High Courts, including the Hon'ble Madras High Court and various CAT orders, that for completed period of one year the employees retired on 30th June or 31st December, as the case may be, are entitled for one increment even though they are not in service, had given representations, dated 14.05.2024, 15.05.2024, 16.05.2024, 17.05.2024, 20.05.2024, 21.05.2024, 22.05.2024 & 25.05.2024, to the respondents. Though the representations were received by the respondents, no decision was taken. Hence, this OA.
10 OA 310/00835/2024
4. Heard learned counsel for the applicant Mr.Raveendra Babu Thupili and Mr. Su Srinivasan, who takes notice for the respondents.
5. Learned counsel for the respondents vehemently objected the OA on the ground of delay and submitted that the persons who retired way back in the year 2008 and thereafter, and who are fence sitters, cannot claim this increment by making representations. Moreover, they have not justified the delay in raising such issue before the authorities or the delay in filing the present OA, after long years of their retirement. He relied upon the decision of this Tribunal in OA No.460 of 2023, dated 16.06.2023, on identical issue. Therefore, he pleaded for the dismissal of the OA.
6. Learned counsel for the applicants submitted that the decision of this Tribunal in OA No.460 of 2023 is overruled by the Hon'ble Madras High Court in WP.No.28435 of 2023, dated 03.11.2023. He further submitted that this Tribunal in its recent decisions, dated 08.02.2023, in the following OA Nos.57 of 202, 275 of 2020, 294 of 2020, 383 of 2021, 384 of 2021, 379 of 2021, 40 of 2021, 656 of 2022 and 751 of 2022, extended the benefit of one increment for the completed period of one year service for similarly placed 11 OA 310/00835/2024 persons. He further submitted that the Hon'ble Apex Court has decided the issue in favour of similarly placed persons in Civil Appeal No.2471 of 2023 (SLP (C ) No.6185 of 2020, dated 11.04.2023. Therefore, he pleaded for the relief sought in the OA.
7. Be that as it may, to meet the ends of justice, it would be appropriate to direct the competent authority among the respondents to consider the representations, dated 14.05.2024, 15.05.2024, 16.05.2024, 17.05.2024, 20.05.2024, 21.05.2024, 22.05.2024 & 25.05.2024 of the applicants and dispose of the same by passing a reasoned and speaking order, within a period of 75 days from the date of receipt of a certified copy of this order.
8. With the above direction, the OA is disposed of, at the admission stage. It is made clear that the point of limitation is kept open. No order as to costs.
(M.SWAMINATHAN) MEMBER (J) 08.07.2024 MT