Central Administrative Tribunal - Hyderabad
P V Ramanaiah vs South Central Railway on 5 June, 2024
OA/454/2024
CENTRALADMINISTRATIVETRIBUNAL
HYDERABAD BENCH
OA No. 454/2024
HYDERABAD, this the 5th day of June, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Ms. Shalini Misra, Administrative Member
1. PV Ramanaiah, aged 60 years, S/o Shri P. Gunnaiah,
Retired Technician-I (Fitter/Electrical/BZA),
Resident of D.No.3/4-22A, Ambedkar Nagar, East Gudur,
Gudur, Nellore district, A.P., PIN-524101.
PPO: 20237090700168.
2. T Srinivasa Rao, aged 61 years, S/o Shri Venkaiah,
Retired Technician-I/TRS/Electrical,
Resident of D.No. 25-22-493, 4th lane,
Kodanda ramaiah Street, Chuttugunta, Guntur,
Guntur Dist. AP-522004. PPO: 20227090700236.
3. K Venkateswarlu, aged 70 years, S/o Shri K Rosaiah,
Retired Senior Section Engineer/Mechanical/RYPS,
Resident of D.No.293C, Workshop colony, Guntupalli,
Krishna district, A.P., PIN- 521241.
PPO: 20137091700061.
4. K Samuel, aged 65 years, S/o Shri Dharmaiah,
Retired Senior Technician (Welding) Mechanical/WWS.
Resident of D.No.1-113/1, Chinapeta, Undi (M),
Cherukuwada, West Godavari district, A.P., PIN- 534199.
PPO: 20187091700089.
5. T Pattabhi Ramaiah, aged 63 years,
S/o Shri Venkataswamy, Retired Assistant Sub-Inspector,
RPF/Security/BZA. Resident of D.No.18-4-48,
Flat No.301, Satya Sai Towers, 2nd line,
Kedareswarapeta, Vijayawada Urban, Krishna District,
A.P., PIN-520003. PPO: 20207090700331.
6. Z Chinna Nagamani, aged 62 years,
W/o Late Z. Ananda Rao, Retired Parcel Porter-II,
(Commercial), Resident of D.No.6-1/7-21, Murupudi Vari
street, Freizerpeta, VTC: Vijayawada (U), Vijayawada,
Krishna district, A.P., PIN- 520001. PPO:
20137090700017.
7. Nandi Maha Lakshmi, aged 65 years,
W/o Late Nandi MalaKondaiah, PPO: 20097090700336.
Retired Head Constable/RPF, Resident of D.No.18-10/2-
7/1A, 7th line, Kedareswara Pet, Vijayawada Urban,
Vijayawada, Krishna district, Α.Ρ., PIN-520003.
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OA/454/2024
8. Racheti Ratna Rao, aged 68 years, S/o Shri Moses,
Retired Ticket Collector/Commercial/BZA,
Resident of D.No.6-1/9-9, Budalavari Street, Fraizer peta,
Vijayawada Urban, Krishna District, A.P., PIN- 520001.
PPO: 20157090700398.
9. K Atchaiah, aged 66 years, S/o Shri Sanyasayya,
Retired Senior Stock Verifier/Accounts,
Resident of Chandrahasa Apartments, E3, 5th Floor,
Andhra prabha colony, Ajithsingh Nagar, Vijayawada
Urban, Krishna Dist. AP, PIN-520015.
PPO: 20177091700092.
10.V Venkateswara Raju, aged 70 years,
S/o Shri Ramakrishnam Raju, Retired Senior Technician
/Electrical/BZA, Resident of D.No.20-2-14, 1st line, old
Ayodhyanagar, Satyanarayanapuram, Vijayawada Urban,
Krishna Dist. AP. PIN-520003. PPO: 20137090700218.
11.U Satyanarayana, aged 74 years, S/o Shri Sreeramulu,
Retired Senior Technician/Mechanical/BZA,
Resident of H.No.5-6-43/7, Lambadi peta, Vijayawada
Urban, Vijayawada, Krishna Dist. AP, PIN- 520001.
PPO: 20097090700208.
12. M Rajendra Prasad, aged 71 years,
S/o Shri Krishna Murthy, Retired Weldor-I (Mechanical),
Resident of D.No.64-6-20, Raghava Nagar, Patamata
lanka, Vijayawada Urban, Vijayawada, Krishna district,
A.P., PIN- 520010. PPO: 20127090700149.
13.G Nagaiah, aged 66 years, S/o Shri Lakshmaiah,
Retired Hospital Attendant, Resident of D.No.3-72,
Chakalakonda, Vinjamuru Mandalam, Nellore District,
Α.Ρ., PIN-524221. PPO: 20177090700573.
14.Syed Hussain, aged 68 years,
S/o Shri Sayyad Mukthuja, Retired Technician-
I/Electrical/BZA, Resident of D.No. 77-36-1-6,
Prakashnagar, Ajithnagar, Vijayawada Urban, Krishna
Dist. A.P., PIN-520015. PPO: 20157090700255.
15. K Abraham, aged 70 years, S/o Shri K David,
Retired Junior Engineer (Mechanical)/KZJ,
Resident of FlatNo.229, C2-Block, J.P. Apartments,
Old Rajeswari Peta, Vijayawada Urban, Vijayawada,
Krishna Dist. A.P., PIN- 520001. PPO: 20137090500070.
16. V Adam, aged 67 years, S/o Shri Mukkanti,
Retired Helper (Engg-dept), Resident of D.No.6-612,
Kotturu, Elaprolu, Kondapalli, Krishna District, Α.Ρ.,
PIN-521228. PPO: 20167090700504.
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17. Y V Ramana, aged 62 years,
S/o Shri Y.Venkateswara Rao, Retired ADFM/GNT,
Resident of D.No.B1-74, 2nd lane, High school Road,
Pattabhipuram committee high school, Pattabhipuram,
Guntur, Guntur District, A.P., PIN-522006.
PPO: 20217091000039.
... Applicants.
(By Advocate : Mr. Edukondalu Chandu)
Vs.
1. Union of India, represented by
The Secretary, Ministry of Railways,
Railway Board, Rail Bhavan, New Delhi-110001.
2. The General Manager,
South Central Railway,
3rd Floor, Rail Nilayam,
Secunderabad-500 025.
3. Senior Divisional Personnel Officer,
South Central Railway,
Vijayawada Railway Division,
Vijayawada, A.P., 520001.
4. Senior Divisional Security Commissioner,
South Central Railway, Vijayawada Railway Division,
Vijayawada, A.P., PIN- 520001.
5. Workshop Personnel Officer,
Wagon Workshop, South Central Railway,
Guntupalli, NTR district, A.P., PIN-521241.
6. Workshop Accounts Officer,
Wagon Workshop, South Central Railway,
Guntupalli, NTR district, A.P., PIN-521241.
7. Senior Divisional Financial Manager,
South Central Railway, Guntur Division,
Rail Vikas Bhavan, Pattabhipuram, Guntur, A.P., 522006.
8. Senior Divisional Personnel Officer,
South Central Railway, Secunderabad Railway Division,
Sanchalan Bhavan, Opp: RailNilayam,
Secunderabad, Telangana, PIN 500025.
... Respondents.
(By Advocate: Mrs. M Swarna, Addl.CGSC)
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OA/454/2024
ORAL ORDER
(As per Hon'ble Dr.Lata Baswaraj Patne, Judicial Member) Heard Mr. Edukondalu Chandu, learned counsel for the applicants and Mrs. M Swarna, learned counsel for the respondents.
2. By this Original Application the applicants are seeking the following relief(s):
"(i) That this Hon'ble Tribunal be pleased to issue order or direction to the respondents to grant one notional increment which fell due on 1 July of the year in which applicants retired from Railway service, and thereby revise the last pay drawn of the Applicants by adding the said increment to basic pay and thereafter workout the pension on the said increased last pay drawn, and to revise the pension payment order of the Applicants accordingly and pay arrears of pension on aforesaid account with all consequential benefits and with 12% interest for delayed payment.
(ii) That this Hon'ble Tribunal be pleased to issue a suitable time-bound order or direction to the respondents to revise the settlement dues of the Applicants, including gratuity, leave encashment, commutation of leave on the basis of increased last pay drawn and further direct to pay the arrear of aforesaid retirement dues with admissible 12% interest.
(iii) The Hon'ble Tribunal may further be pleased to pass order or direction as deem fit and proper in the interest of justice.
(iv) To award cost of the application in favor of the applicants."
3. When the matter is taken up for consideration, the learned counsel for applicants submits that, as per the relief prayed for by the applicants, the issue is no more res-integra and is fully covered by the judgement of the Hon'ble Supreme Court of India in Director, KPTCL & others vs. C. P. Mundinamani & others. The applicants submitted individual representations dt. 20.09.2023 to the respondents but the same were not considered.
4. Heard both sides and perused the records.
5. It is to be noted that the Hon'ble Supreme Court of India, by its order dated 19.05.2023, disposed of the batch of appeals in the matter of the Union of India vs. M. Siddaraj, etc., in view of the order passed in C.P. Page 4 of 5 OA/454/2024 Mundinamani(supra). We feel that, in view of the recent orders passed by the Hon'ble Supreme Court of India, the applicants are entitled for the relief as regards the grant of one notional increment on and from the 1st day of July of their respective years of retirement for the purpose of retirement benefits.
6. It is also to be noted that the issue involved in the matter with respect to the notional increment is settled by the Hon'ble Supreme Court of India. Thereby, various circulars have been issued by the DOPT as well as the Railways, and there is an exchange of communication in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representations of the applicants dt. 20.09.2023 and dispose of the same for grant of one Notional Increment, as per the policy decision taken by the Government of India, followed with the Hon'ble Supreme Court and the Hon'ble Delhi High Court judgments, within a period of six months from the date of receipt of this order. It is also made clear that our direction will not extend the period of limitation.
7. With the above direction, the O.A. is disposed of at the admission stage. There shall be no order as to costs.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVEMEMBER JUDICIAL MEMBER
/Ram/
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