Central Administrative Tribunal - Mumbai
Mohd Ayub Khan vs Central Railway on 21 February, 2025
1 OA No.980/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.980/2024
Date of Decision : 21st February, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
1. Shri Mohd. Ayub Khan, aged 61 years,
Retired (30.06.2023), Loco Pilot, Mail/Exp.
Central Railway, Mumbai CSMT,
PPO No.20237010200505.
Res:A/601, Kurla Kadam , CHSL, Taj Building,
S.G. Barve Marg, Kurla (East), Mumbai - 400 024
(Maharashtra), Mob No.7738140994.
2. Shri Jayant Kisandas Hakim, aged 61 years
Retired (30.06.2017), MCM Electrical,
Central Railway Mumbai Division,
PPO No.20177010201155,
Res: Room No.304, A-wing, Sai Ganesh Sankul,
Vijay Nagar Near Thomas Church, Katemanavli,
Kalyan (East), PIN - 421 306, Dist. Thane
(Maharashtra). Mob No.9029740753.
3. Shri Anant Ram Shukla, aged 72 years
Retired (30.06.2012), Chief Booking supervisor,
Mumbai Division, Central Railway,
PPO No.20127010200920,
Res.402, Jagdale Towers, Sant Tukaram Path,
Near Gaondevi Mandir Kopri Colony,
Kopri, Thane (East), Thane 400 603.
Mob No.9930034266.
4. Shri Sunil M. Ahirrao, aged 66 years
Retired (30.06.2018), Chief Booking Supervisor,
Mumbai Division, Central Railway,
PPO No.20187010201125,
Res.101, Sharyu Apart. Behind Vaishali Talkies,
Budlapur (West), Distt. Thane 421 503.
Mob No.9987250046.
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2 OA No.980/2024
5. Shri Ashok Bapoo Maid, aged 73 years,
Retired (30.06.2011), Chief Booking Supervisor,
Mumbai Division, Central Railway,
PPO No.20117010200798,
Res.C/12, Arunodaya CHS Ltd., Pendsenagar,
Road No.02, Dombivli (East), Distt. Thane.
Pin - 421 201(Maharashtra),
Mob No.9867909061.
6. Shri Damodar Tulshiram Poyam, aged 71 yrs,
Retired (30.06.2013), Chief Booking Supervisor,
Mumbai Division, Central Railway,
PPO No.20137010200656,
Res:H/18, Narayan Darshan CHS, Waldhuni,
Kalyan (West), Distt. Thane, Pin 421 301
Mob No.9702546245.
7. Shri Vijay Laxman Deshkar, aged 69 Yrs,
Retired (30.06.2015), Chief Booking Supervisor,
Mumbai Division, Central Railway,
PPO No.20157010200946,
Res.D/601, Shree Mangalmurti Complex,
Balaji Nagar, Cholegaon, Thakurli (east),
Kalyan Dist. Thane, Pin - 421 201 (Maharashtra).
Mob No.9930555817. - Applicants
( By Advocate Shri S.A. Siddiqui )
Versus
1. Union of India, through,
Secretary, Ministry of Railways,
Railway Board, Rail Bhavan,
New Delhi - 110 001.
2. General Manager, Central Railway,
GM's Head Quarter Office, 2nd Floor,
CSMT, Mumbai -400 001.
3. Principal Chief Personnel Officer,
Central Railway,
General Manager's Head Quarter Office,
1st Floor, CSMT, Mumbai - 400 001.
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3 OA No.980/2024
4. Divisional Railway Manager (P)
DRM's Office, Mumbai Division, 2nd Floor,
CSMT, Mumbai - 400 001. - Respondents
( By Advocate Shri P. Khosla )
ORAL ORDER
Per : Mr. Shri Krishna, Member (A)
By consent of learned counsels for both sides, the matter is taken up for final hearing.
2. MA No.863/2024 has been filed by the applicants seeking permission to file the OA jointly. Since there is common cause of action and for the reasons stated therein in the MA, the same is allowed.
3. The applicants have filed MA No.865/2024 in OA No.980/2024 for condonation of delay. It has been submitted that payment of pension and pensionary benefits are continuous cause of action as held by the Hon'ble Supreme Court in the case of M.R. Gupta Vs. Union of India, (1995) SC cases (L&S) 1273 and the subsequent judgment of Hon'ble Supreme Court in the case of M.L. Patil Vs. State of Goa & Ors, Civil Appeal No.4100 of 2022 decided on 20.05.2022, in which it has been held that as far as pension is concerned, it is continuous case of action. He Page 3 of 9 4 OA No.980/2024 has further submitted that as an abundant/precaution, the applicants have filed this MA. He submits that the cause of action has arisen because of the law laid down by the Hon'ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. in Civil Appeal No.2471/2023 dated 11th April, 2023. Therefore, the applicants are entitled for the relief. He submits that the DoPT has issued OM dated 14.10.2024 to implement the judgment of the Hon'ble Supreme Court. He submits that the pension is a continuous cause of action and, therefore, the MA for condonation of delay should be allowed.
4. We have considered the submission of the applicants. For the reasons stated therein in the MA, the same is allowed.
5. The applicants have retired on superannuation on 30.06.2023, 30.06.2017, 30.06.2012, 30.06.2018, 30.06.2011, 30.06.2013 and 30.06.2015 respectively. They are claiming annual increment which they claim was due to Page 4 of 9 5 OA No.980/2024 them on 01.07.2023, 01.07.2017, 01.07.2012, 01.07.2018, 01.07.2011, 01.07.2013 and 01.07.2015 respectively. The applicants made representation on different dates vide Annexure A-2 of the OA. The respondents rejected the claims as per Railway Board letter dated 09.02.2024. Hence, this OA.
6. Learned counsel for the applicants 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 Supreme Court in the case of The Director (Admn. 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.
Page 5 of 9 6 OA No.980/2024
7. We have considered the submissions made by learned counsels for the parties.
8. 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 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 Page 6 of 9 7 OA No.980/2024 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." 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).
9. 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 January to the Central Government employees who retired/are retiring a day before it became due Page 7 of 9 8 OA No.980/2024 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.
10. In view of the above directions of Hon'ble Supreme Court issued on 06.09.2024 and DoPT OM dated 14.10.2024, we direct the respondents to grant the notional increment to the applicants w.e.f. 01.07.2023 subject to they fulfilling the conditions regarding satisfactory work and good conduct during the period of qualifying service within a period of three months from the date of receipt of certified copy of this order.
11. It is made clear that this order is subject to the outcome of the Review Petition in the case of Union of India & Anr. Vs. M. Page 8 of 9 9 OA No.980/2024 Siddaraj, in Miscellaneous Application No.(DY) No.2400/2024 in Special Leave Petition No.4722/2021.
12. The Original Application stands disposed of with the above directions. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
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