Central Administrative Tribunal - Hyderabad
Cherukuri Venkateswar Rao vs South Central Railway on 23 April, 2024
OA/333/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/20/333/2024
HYDERABAD, this the 23rd day of April, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Ms. Shalini Misra, Administrative Member
1. Cherukuri Venkateswar Rao, Aged 63 years, S/o. Sri Subba Rao,
Retired Senior Technician (Fitter/Mechanical)/WRYPS). Resident of Flat
No.403, Surya Avenue, Canara Bank Road, Jayaprada Nagar, Guntupalli,
Krishna- District, A.P. 521241, PPO: 20207091700065.
2. Sk. Dudkhan, Aged 75 years, S/o. Sri Shaik Khasim Saheb,
Retired Junior Engineer / Electrical (Mechanical-Dept.)/WWS/GTPL),
Resident of D.No. 60-171/3, Flat No.A3/ Deevee Apartment,
Paladugu Poornachendra Rao Street, Sunnam Batla Center,
Vijayawada (U), Krishna- District, A.P. 520010, PPO: 20087091700037.
3. J. Gopalu, Aged 70 years, S/o. Sri J.Krishnaiah, Retired Technician-I
(Mechanical)/WWS/RYPS), Resident of D.No. 20-8/2-14A,
Advaitha Apartment street, Near: Siva Kameswari Temple,
New Ayodhya Nagar, Vijayawada (U), Krishna- District, A.P. 520003,
PPO: 20137091700015.
4. G. Chandrasekhar Rao, Aged 64 years, S/o. Sri Nageswara Rao,
Retired Senior Technician (Fitter/Mechanical)/WRYPS),
Resident of D.No. 7-103, Flat No.FF-3, Sai Sudha Apartment,
Gollapudi, Krishna- District, A.Ρ. 521225, PPO: 20197091700088.
5. Sk. MD.Hassan, Aged 65 years, S/o. Sri, Retired Station Superintendent,
Resident of D.No. 26-31-83, 4th line, A.T.Agraharam, Guntur,
Guntur- District, A.P. 522004, PPO: 20187091000141.
6. T. Satyanarayana, Aged 75 years, S/o. Sri Subramanyam,
Retired Travelling Ticket Inspector, (Commercial)/BZA,
Resident of D.No. 26-15-567, Padavala vari street, Nagarampalem,
Guntur, Guntur District, A.P. 522004, PPO: 20087090700482.
...Applicants
(By Advocate: Mr. Edukondalu Chandu)
Vs.
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OA/333/2024
1. Union of India, represented by The Secretary, Ministry of Railways,
Railway Board, Rail Bhavan, New Delhi-110001.
2. General Manager, South Central Railway, 3rd Floor, Rail Nilayam,
Secunderabad-500 025.
3. Workshop Personnel Officer, Wagon Workshop,
South Central Railway, Guntupalli, NTR District, A.P., PIN - 521241.
4. Senior Divisional Personnel Officer, South Central Railway,
Vijayawada Railway Division, Vijayawada, A.P., 520001.
5. Senior Divisional Personnel Officer, South Central Railway,
Guntur Railway Division, Railvikas Bhavan, Pattabhipuram,
Guntur, A.P, PIN-522006.
...Respondents
(By Advocate: Mr. A. Surender Reddy, Sr. PC for CG)
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OA/333/2024
ORAL ORDER
(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) By this OA, the applicants are seeking the following relief:
"........It is submitted that the applicants pray for the following reliefs:
(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/1 January of the succeeding the month 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."
2. When the matter is taken up for consideration, the learned counsel for the applicant submits that, as per the relief prayed for by the applicant, the issue is no more res-integra and is fully covered by the judgment of the Hon'ble Supreme Court of India in Director KPTCL & others vs. C.P. Mundinamani & others. The learned counsel for the applicant further relied upon the order passed by this Tribunal in OA/223/2024 dated 25.03.2024 wherein the respondents were directed to grant the benefit of one notional increment to the applicant therein.
3. Heard both sides and perused the records.
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OA/333/2024
4. It is to be noted that the Hon'ble Supreme Court of India by its order dated 19.05.2023 disposed of Batch of appeals in the matter of Union of India vs. M. Siddaraj, etc., in view of the order passed in C.P. Mundinamani (Supra). We feel that, in view of the recent orders passed by the Hon'ble Supreme Court of India, the applicant is entitled for the relief as regards the grant of one notional increment from the 1st day of July /1st day of January of year of retirement for the purpose of retirement benefits.
5. It is 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 DOP&T as well as the Railways, and there is exchange of communications in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representations of the applicant dated 13.09.2023 & 15.09.2023 and dispose of the same for grant of one Notional Increment as on 1st day of July /1st day of January of the year of retirement of the applicant as per the policy decision taken by the Government of India, followed with the judgments of the Hon'ble Supreme Court referred to above, within a period of six months from the date of receipt of a copy of this order. It is also made clear that our direction will not extend the period of limitation.
6. Accordingly, the O.A. is disposed of. No order as to costs.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/al/
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