Central Administrative Tribunal - Mumbai
Pratapsingh Munnasingh Thakur vs M/O Defence on 6 January, 2026
1 OA No.1005/2025
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.1005/2025
Date of Decision : 06th January, 2026
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Shri Pratapsingh Munnasingh Thakur
Aged about 64 Years
S/o Shri Munnasingh Thakur
R/a. S.No.52/118, Lane No.5,
Bhairav Nagar, Dhanori,
Pune - 411 015
Mob:-9028384818. -Applicant
(By Advocate Shri P.J. Prasadrao)
Versus
1. Union of India
Through the Secretary, Ministry of Defence
South Block, New Delhi - 110 011.
2. The Directorate General of Ordnance Services
C/o IHQ of MoD (Army)
D-II Wing, Sena Bhavan, DHQ PO,
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: 2026.01.09 10:45:26+05'30'
Foxit PDF Reader Version: 2024.4.0
New Delhi - 110 011.
3. The Commandant
Central AFV Depot
Kirkee Pune - 411 003.
4. The Principal Controller of Defence Accounts (Pensions)
Prayagraj, Draupadi Ghat,
Prayagraj - 211 014.
5. The Director (ADMN.)
Department of Personnel & Training
Ministry of Personnel, P.G. and Pensions
2 OA No.1005/2025
Government of India,
North Block, New Delhi - 110 001. - Respondents
ORAL ORDER
Per :Mr. Shri Krishna, Member (A)
The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to the respondents to grant the notional increment on 01.01.2022 to the applicant for computing pension including interest @8% on the arrears of pension.
2. Notice was issued to the respondents on 11.12.2025 which are duly served upon them on 22.12.2025 by speed post consignment Number:EM746728284IN. However, there is no appearance on behalf of the respondents.
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= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document
3. The applicant has retired on Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 superannuation on 31.12.2021. Since the matter has already been finally decided by the Hon'ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., 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 3 OA No.1005/2025 20.02.2025 and the same has been implemented by the DoPT by way of OM dated 20.05.2025, the matter is being disposed of.
4. The applicant has filed representation before the respondents on 18.10.2025 (Annexure A-6) which has not been replied by the respondents. Hence this OA.
5. Learned counsel for the applicant 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 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 Supreme Court in the case of The Director (Admn. Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+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 OA No.1005/2025
6. 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 Hon'ble Supreme Court.
7. We have considered the submissions of learned counsel for the applicant.
8. 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 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= No.2471/2023 in the matter. While observing that Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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 5 OA No.1005/2025 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.
(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 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, from the month in which the application for intervention/impleadment was filed." PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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).
8.1. Pursuant to the above directions of Hon'ble Supreme Court, the Department of Personnel & Training, Ministry of Personnel, 6 OA No.1005/2025 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 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.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=
9. Thereafter, MA Diary No.2400/2024 in Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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:7 OA No.1005/2025
"(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 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."
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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."8 OA No.1005/2025
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.
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 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, In view of the order passed today in the connected PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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."9 OA No.1005/2025
10. 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 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;
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 b. For persons who have filed writ petitions and Alphanso Reason: I am the author of this document succeeded, the directions given in the said judgment will Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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 10 OA No.1005/2025 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 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 Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, requisite qualifying service as on the date of their superannuation with satisfactory work and good PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 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) 11 OA No.1005/2025
11. In view of the above, the respondents are directed to grant one notional increment to the applicant w.e.f. 01.01.2024 and issue the revised PPO for enhanced pension. The claim of the applicant for grant of interest is rejected.
12. In view of the above, the Original Application is partly allowed. The above order is to be complied within a period of 90 days from the date of receipt of a certified copy of this order. Pending MAs, if any, stand closed.
No costs.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, (Umesh Gajankush) (Shri Krishna) Member (J) Member (A) PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 10:45:26+05'30' Foxit PDF Reader Version: 2024.4.0 ma*