Central Administrative Tribunal - Jabalpur
Raghunandan Prasad Choubey vs Cgda on 4 January, 2024
1 Sub: Increment
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Applications No.200/00397, 436, 793, 808, 1024, 1086/2019, 229/2020, 120, 208, 527, 673, 870, 920/2021, 50/2022, 475/2023 & 804/2023 Jabalpur, this Thursday, the 04th day of January, 2024 HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER Original Application No.200/00397/2019
1. Arun Kumar Verma S/o Late Shri Kalicharan Aged about 60 years R/o 2395, New Kanchanpur, Near Teen Puliya Subhash Chand Bose Ward, Adhartal, Jabalpur 482004 (MP)
2. Bileshwar Prasad Dahiya S/o Shri Ram Vishal Dahiya Aged about 60 years R/o H.No.371/4 New Parel Line, GCF Estate, Jabalpur Post Panehra Lamheti Jabalpur 482001 (MP)
3. Vinod Kumar Singh Chouhan S/o Balbhadra Singh Chauhan, Aged about 64 years R/o 01 Near Saraswato Shishu Mandir, Mahakaushal Nagar, Adhartal Andhuwa Jabalpur 482004 (MP)
4. Santlal S/o Ghasiram Aged about 61 years R/o H.No.681 Mandla Road, Near Chetna Ground Bilhari Jabalpur 482020 (MP)
5. Nathoo Prasad Choudhary S/o Chhotelal Chaudhary Aged about 62 years R/o H.No.1701 Station Road, Sanjay Gandhi Ward, Kanchghar Jabalpur (MP) 482001
6. Girish Shridhar Sapre S/o Shri Sridhar Sapre aged about 61 years R/o H.No.51 Mangleshwari Real Estate, Rani Laxmi Bai Ward Bilhari Jabalpur (MP) 482020
7. Ashok Kumar Mishra S/o Phool Chand Aged about 61 years R/o H.No.3520/A1 Surbhi Chowk Near Gupta Printing Press Katra Adhartal Jabalpur (MP) 482004
8. Nathoolal Choudhary, S/o Jethu Lal Choudhary Aged about 61 years R/o Ho. No.357 Trimurti Nagar, Street No.3 Deendayal Upadhyaya Ward Jabalpur (MP) 482001 Page 1 of 20 2 Sub: Increment
9. Paresh Kumar Sar S/o Shri J.K. Sar aged about 61 years R/o Nai Basti Jhanda Chowk Gwarighat Jabalpur (MP) 482003
10. Raj Kumar Khanna S/o Pishorilal Khanna, aged about 62 years, R/o House NO.152/3 Vidya nagar, GCF Estate Gokalpur Jabalpur 482011 (MP)
11. Mukesh Kumar S/o Ramdas aged about 61 years R/o Quarter No.188/1 Vidya Nagar GCF Estate Jabalpur (MP) 482011
12. Mahesh Kumar Kori S/o Mewalal aged about 63 years R/o House No.1489/90 Bai Ka Bagicha Ghamapur Jabalpur (MP) 482001
13. Anup Kumar Sondhiya S/o Pyare Lal Sondhiya aged 61 years R/o 1378 Ravindra nath Taigore Ward Manjhi Nagar Footatal Gurandi Bazar Ranital Jabalpur (MP) 482002
14. Suresh Kumar S/o Late Hari Lal R/o H.No. 547 Maharishi Arvind Ward Bai Ka Bagicha Jabalpur 482001 (MP)
15. Arun Kumar Shrivastava S/o Sukhdev Prasad Shrivastava aged about 61 years R/o 1454 Gayatri Nagar, Near Durga Ji Temple Deewan Adhar Singh Ward, Anhuwa Adhartal Jabalpur (MP) 482004 -Applicants (By Advocate -Shri Munish Saini) Versus
1. Union of India, Through the Secretary Ministry of Defence South Block New Delhi 110001
2. Principal Controller of Defence Accounts (pensions) Draupadi Ghat Allahabad (UP) 211014
3. General Manager Gun Carriage Factory Jabalpur 482011
- Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00436/2019 Page 2 of 20 3 Sub: Increment
1. Umesh Kumar Malviya aged about 63 years s/o late RP Malviya House No.923 Kesri Nagar, In frount of Khermai Temple Manegaon Khamaria Jabalpur (MP) 482005
2. Bhagat Singh Saini, aged about 60 years, s/o Shri Dharamvir Singh Saini House No.1762/4 Vehicle Factory Shobhapur Basti Madhai Jabalpur (MP) 482009
3. Rajendra Kumar Dubey S/o aged about 60 years S/o Shri Dev Datt Dubey R/o House NO.515 Shahinaka Road, Garha, Near Bada Jain Temple Jabalpur (MP) 482001
4. Ashok Kumar Patel, S/o Shri Diwan Singh Patel aged about 63 years House NO.566 Diwan Bada, Lala Lajpat Rai Ward No.70 Ranjhi Jabalpur (MP) 482005
5. Vishwa Dev Bose S/o Late J.N. Bose aged about 64 years R/o 443 Keshri Nagar, Manegaon Khamaria Jabalpur (MP)
6. Ram Prakash Dohare S/o H.P. Dohare, aged about 64 years R/o Hosue NO.352 Vikas Nagar, Manegaon Ranjhi Khamaria Jabalpur (MP) 482005
7. Ashok Kumar Tiwari S/o Shri Hari Shankar Tiwari aged about 60 years House No.67 Near Gram Panchayat Keshri Nagar, Manegaon Ranjhi Khamaria Jabalpur (MP) 482005
8. Arun Kumar Tiwari, S/o Shri R.B. Tiwari Aged about 63 years, R/o House No.670 Behind Pandey Hospital Beoharbagh North Civil Lines Ghamapur Jabalpur (MP) 482001
9. Narsingh Thakur, S/o K.P. Thakur Aged about 63 years, House No.550 Champa Nagar, Manegaon, Near Water Tank, Post Khamaria Jabalpur (MP) 482005
10. Rajaram Kachhi S/o Shri C.R. Kachhi R/o House No.E/157 aged about 60 years Sanjay Nagar Manegaon Ranjhi Jabalpur MP 482005
11. Ratan Kumar Madhanwar, S/o Late S.R. Madhanwar, aged about 62 years, R/o 227 Keshri Nagar Manegaon, Khamaria Jabalpur MP 482005 Page 3 of 20 4 Sub: Increment
12. Gyanendra Bahadur Singh S/o Late Ram Kumar singh, aged about 62 years, House No.1108 Sidh Baba Road, Near Chacha Kirana Stores, Sidh Baba Ward, Lalmati Kanchghar, Jabalpur (MP) 482001
13. Diwakar Sayre S/o Rama Rao, Aged about 61 years, R/o P-50 Santaji Nagar, Ahinsa Chowk, Vijaya Nagar, Maharaja Agrasen Ward, Jabalpur (MP) 482001
14. Shyama Gupta W/o Omkar Prasad Gupta Aged about 63 years R/o New Shobhapur Near Vodafone Tower, VFJ Estate Jabalpur (MP) 482001
15. Shivnath Ojha S/o Shri Matadeen Ojha aged about 64 years House No.2411 R/o Gandhi nagar New Kanchanpur Adhartal Andhuwa Jabalpur (MP) 482004
16. Tapan Kumar Royghatak S/o Prafful aged about 66 years House NO.3446-13 Old Kanchanpur Vivek Colony Nirmalchand Ward, Adhartal Jabalpur (MP) 482004
17. Deepak Kumar Roy, aged about 63 years R/o Vivek Colony Adhartal Jabalpur (MP) 482004
18. Anup Kumar Purohit S/o Ramesh Chandra Purohit aged 60 years House No.102/2 type IV New Colony, GCF Estate Jabalpur (MP) 482001
19. Bhagwandas Pandey S/o Babulal Pandey aged about 67 years, R/o 132 New Jagdamba Colony Cherital Ward, Baldeobagh Jabalpur (MP)
20. Kailash Prasad Dubey S/o Ram Prasad Dubey, aged about 63 years R/o House NO.54 New Jagdamba Colony Behind Krishi Upaj Mandi Cherital Jabalpur (MP) 482001
21. Swapan Kishore Chakraborty aged about 62 years, S/o Satyendra Chakraborty Khseersagar Colony Manegaon Khamaria Jabalpur (MP) 482005
22. Omkar Prasad Vishwakarma S/o LR Vishwakarma House No.2018/2A New Shobhapur Gokalpur Ward, Madhai Vehicle Factory Jabalpur (MP) 482009 Page 4 of 20 5 Sub: Increment
23. Indrashan, S/o Shiv Prasad aged about 63 years R/o House No.36/46/10 Vivek Colony Kanchanpur Behind Pandey Gas Go down, Nirmalchand Ward Adhartal Jabalpur (MP) 482004
-Applicants (By Advocate -Shri Munish Saini) Versus
1. Union of India, Through the Secretary Ministry of Defence South Block New Delhi 110001
2. Controller General Defence Accounts Ulan Bator Road Palam Cantonment New Delhi 110010
3. The Director General of Ordnance Factories Ordnance Factory Board Kolkata (WB)
4. The General Manager Ordnance Factory Khamaria Jabalpur (MP)
5. The General Manager, Gun Carriage Factory Jabalpur (MP)
6. The General Manager Vehicle Factory Jabalpur (MP)
- Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00793/2019
1. Suresh Kumar Khurana S/o Late Hemraj Khurana DOB 15.06.1958 Mob No.9425157645 R/o B126-127 Priyadarshani Colony Dumna Road, Jabalpur 482005 (MP)
2. Suresh Kumar Kayasth S/o Late Vithal Anand DOB 01.07.1958 R/o 198 Jay Bheem Nagar Narmada Road, Jabalpur 482008 (MP)
3. Manohar Prasad, S/o Shri Gauri Shankar DOB 14.06.1959 R/o 645-710 Ganesh Chowk Siddh Baba Ward Lalmaati Jabalpur 482001 (MP)
4. M.D. Naidu S/o late Umapati Naidu DOB 15.06.1956 R/o Near prem Nagar Post Office Madan Mahal Jabalpur 482002 (MP) Page 5 of 20 6 Sub: Increment
5. Hiralal S/o Shri Ram Khilwan DOB 24.06.1957 R/o H.No.538/1 Choti Omti Jabalupr 482002 (MP)
6. Ribboo Singh Thakur, S/o Shri K.S. Thakur DOB 10.06.1959 R/o H.No.688 Ranipur Gouriya Plot Amanpur Madan Mahal Jabalpur 482002 (MP)
7. Rajendra Kumar Mehroliya S/o Late B.L. Mehroliya DOB 15.06.1957 R/o H.No.1154 North Civil Lines Sandeep Gas Agency Jabalpur 482001 (MP)
8. Smt. Sudha Nema W/o Shri Sunil Kumar Nema DOB 20.06.1959 R/o H.No.247 Trimurti Nagar Jabalpur (MP)
9. Rajesh Chandra Malviya S/o Shri J.C. Malviya DOB 09.06.1959 R/o H.No.424 Malviya Kuti Vinobha Bhave Market Jabalpur (MP)
10. Maqbool Rahim, S/o Abdul Majeed, DOB 26.06.1957 R/o Malhotra Compound Near Yadgar Memorial Sadar Cantt. Jabalpur 482001 (MP)
11. Mehfooz Rahim S/o Abdul Majeed DOB 26.06.1957 R/o H.No.387 Near parvati Mandir Naya Mohalla Jabalpur 482002 (MP)
-Applicants (By Advocate -Shri Akash Choudhary) Versus
1. Union of India, Through its General Manager West Central Railway HQ Indira Market Jabalpur 482001 (MP)
2. Principal Chief Personal Officer O/o General Manager West Central Railway HQ Indira Market Jabalpur 482001 (MP)
3. Divisional Railway Manager, West Central Railway Jabalpur Division Jabalpur 482001 (MP)
4. Senior Divisional personal Officer West Central Railway Jabalpur Division Jabalpur 482001 (MP) - Respondents (By Advocate -Shri S.K. Patel) Page 6 of 20 7 Sub: Increment Original Application No.200/00808/2019 Rakesh Kumar Tiwari S/o Late Shri M.S. Tiwari Aged about 66 years R/o 20 Krishna Colony West Ghamapur Jabalpur MP
-Applicant (By Advocate -Shri J.B. Singh proxy counsel for Shri Surendra Verma) Versus
1. Union of India, Through Secretary Ministry of Statistics & Programme Implementation Sardar Patel Bhawan Sansad Marg new Delhi 110001
2. Additional Director General national Sample Survey Office (NASSO) (Field Operations Division) East Block 6 Level 4-7 R.K. Puram New Delhi 110001
3. Asst. Director Regional Office, MP (East) National Sample Survey Office (NASSO) Field Operations Division (FOD) JDA Building 1st Floor Nagpur Road, Madan Mahal Jabalpur MP PIN 482001 - Respondents (By Advocate -Shri S.K. Mishra) Original Application No.200/01024/2019 Mohammad Idrish Khan S/o Late D. Khan Aged about 68 years O/c Retired Senior Auditor R/o D-18 Siddharth Nagar Near Nizamuddion Colony Bhel Bhopal (MP) -Applicant (By Advocate -Shri Amardeep Gupta) Versus
1. Accountant General (Economic and Revenue Sector Audit) MP Bhopal 53 Arera Hills Hoshangabad Road, Bhopal (MP)
2. Senior Audit Officer/Admin-2 Office of the Accountant General (Economic and Revenue Sector Audit) Madhya Pradesh Bhopal 53 Arera Hills Hoshangabad Road, Bhopal (MP) - Respondents (By Advocate -Shri Sanjay Lal) Page 7 of 20 8 Sub: Increment Original Application No.200/01086/2019
1. Amar Singh Chouhan (died) represented through LRs 1A. Mrs. Sharda Chouhan, W/o Late Shri Amar Singh Chouhan Aged about 53 years 1B. Mrs. Monika Chouhan D/o Late Shri Amar Singh Chouhan W/o Mr. Praveen Ochhewar Aged about 34 years 1C. Manisha Chouhan D/o Late Shri Amar Singh Chouhan Aged about 34 years 1D. Amit Kumar Chouhan S/o Late Shri Amar Singh Chouhan Aged about 31 years All R/o EH-18 Nehru Nagar, Bhopal 462003 (MP)
2. Mrs. Vimla Mandal W/o Shri Jatan Mandal, aged about 61 years (Retired Senior Accountant) House No.A-171 Sagar Silver Spring Near Sagar College Ayodhyanagar Bye Pass Bhopal (MP) 462041
3. Janak Prasad Shukla S/o Shri Gayadeen Shukla Aged about 64 years (Retireal Postal Assistant R/o Pushpraj Nagar Rewa (MP) 486001
4. R.B. Malviya S/o Late Shri Bhagwanji Malviya aged about 61 years (Retired Deputy Post master) R/o 72 New Panchsheel Nagar Rahul Auto Service Lane, Musakhedi Indore (MP) 452001
-Applicants (By Advocate -Shri Deepak Panjwani) Versus
1. Union of India, Through its Secretary Ministry of communications & IT Department of Posts Dak Bhawan Sansad Marg New Delhi 110001
2. Department of Personnel and Training through its Secretary Ministry of Personnel, Public Grievances & Pensions Government of India, North Block, Lok Nayak Bhavan, Khan Market New Delhi 110003
3. Chief Post Master General MP Circle 2nd Floor Dak Bhavan Hoshangabad Road, Bhopal (MP) 462042 Page 8 of 20 9 Sub: Increment
4. Senior Superintendent of Post offices Indore Division Division Indore (MP) 452001
5. Superintendent of Post Offices Rewa Division, Rewas (MP) 486001
6. Director Accounts (postal) MP Forth Floor Dak Bhawan Hoshangabad Road, Bhopal (MP) 462027 - Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00229/2020 Narbada Prasad Sondhiya S/o Late Shri Ramlal Sondhiya Aged about 61 years R/o 351/7 Saket Nagar Baldeobagh Jabalpur 482002 (MP) -Applicant (By Advocate -Shri S. Ganguly) Versus
1. Union of India, Through its Secretary Ministry of Mines Shastri Bhawan, Dr. Rajendra Prasad Road new Delhi 110001
2. Department of Personnel & Training North Block Central Secretariat New Delhi 110001
3. Controller General Indian Bureau of Mines, 2nd Floor Indira Bhawan Civil Lines, Nagpur 440001 (M.H.) - Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00120/2021
1. Mrs. Geeta Rao Patil (Retired LSG supervisor) W/o Shri Sunil Sonwane aged about 60 years R/o EL-228 MPHB Nehru Nagar, Bhopal (MP) 462003
2. Mrs. Anna Rose Bhagat (Retired LSG Supervisor) W/o Shri Bandhanram Bhagat, aged about 60 years House No.B-301 Jeevan Vihar Kotra Sultan Road Bhopal (MP) 462003 Page 9 of 20 10 Sub: Increment
3. Mrs. Kalpana Newaskar (Retired APM (ACTT) W/o Shri Vasudeo Newaskar aged about 61 years R/o H.No.55 press Colony Near Anand Nagar, Bhopal (MP) 462022
4. Mrs. Usha Pateria (Retired L&G(PA) W/o Shri Keshav Pateria aged about 60 years R/o Flat No.301 Plot No.90 pandrinath Path, N.J. Tower, Indore (MP) 452007
5. Avinash Shrikrishna Jawdekar (Retired PRI(P) S/o Shrikrinshna Rao aged about 61 years H.No.B/704 Ved Shri Society Near Shivanand Bungalow Bapa Sitaram Chowk Vastral, Ahemdabad (Gujrat) 382418 -Applicants (By Advocate -Ms. Neha Bhatia) Versus
1. Union of India, Through its Secretary Ministry of Communications & IT Department of Posts Dak Bhawan Sansad marg New Delhi 110001
2. Department of Personnel and Training through its Secretary Ministry of Personnel, Public Grievances & Pensions Government of India, North Block, Lok Nayak Bhavan, Khan Market New Delhi 110003
3. Chief Post Master General MP Circle 2nd Floor Dak Bhavan Hoshangabad Road, Bhopal (MP) 462042
4. Senior Superintendent of Post offices Indore Division Division Indore (MP) 452001
5. Superintendent of Post Offices Bhopal Division, Bhopal (MP) 462003
6. Superintendent of Post Offices Gwalior Division Gwalior (MP) 474009 - Respondents (By Advocate -Shri D.S. Baghel) Original Application No.200/00208/2021 Tejbahadur Khare, S/o late Shri Sunderlal Khare aged about 67 years Occupation Retired painter-1 From Railway Department R/o 1526/26 H/2 Samdariya Colony Near Bima Hospital Kanchghar Jabalpur (MP) Mo 9300984881 -Applicant Page 10 of 20 11 Sub: Increment (By Advocate -Smt. P.L. Shrivastava) Versus
1. Union of India, Through its General Manager West Central Railway Indira Market Jabalpur (MP) 482001
2. Division Railway Manager West Central Railway Jabalpur (MP) 482001
3. Senior DPO West Central Railway Jabalpur 482001
- Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00527/2021 Devendra Kumar Khanna S/o Late shri K.K. Khanna aged about 60 years occupation retired Superintendent Surveyor (Adhoc) R/o 3140 Near Tiwari Baratghar Ranjhi Basti Jabalpur District Jabalpur (MP) PIN 482005 -Applicant (By Advocate -Shri Aniruddh Pandey) Versus
1. Union of India, Through the Secretary Surveyor General of India Hati Badkada Dehradun Uttarakhand UK PIN 110001
2. Director General Geological Survey of India, 27 Jawaharlal Nehru Road Kolatta PIN 700016
3. Director Survey of India Vijay Nagar Jabalpur District Jabalpur MP Pin 480001
4. Additional Surveyor General of India, Central Zone Vijay Nagar Survey of India Jabalpur District Jabalpur (MP) PIN 482001
- Respondents (By Advocate -Shri D.S. Baghel) Page 11 of 20 12 Sub: Increment Original Application No.200/00673/2021
1. Parashuram Dubey S/o Late Shri Baldeo Prasad Dubey aged about 73 years retired OS R/o 502/3 Krishna Mall Sohagi Maharajpur Jabalpur (MP) 482004 Mobile No. 9893943567
2. Harnarayan Singh Rajput S/o Late Shri Lal Singh Rajpur aged about 72 years retired OS R/O 219 South Meloniganj Near Jamunia Kuwa, Jabalpur 482002 Mobile No.9907097713
3. Naresh Kumar Chaubey S/o Late Shri G.s. Chaubey Aged about 65 years retired JWM R/o 404/14 JDA Scheme Vijay Nagar, Jabalpur (MP) 482002 Mobile NO.9589199958
4. Beni Shanker Mahlonia S/o late Shri r.N. Mahlonia aged about 63 years retired JWM R/o 1748 Radhakund, Supatal Road Garha Jabalpur (MP) 482003 Mobile No.975776301
5. Dinesh Kumar Chaudhary S/o Late Shri C.L. Chaudhary Aged about 60 years retired JWM R/O D-7 Shakti Vihar Apartment Wright Town Jabalpur (MP) 482002 Mobile No.7674255792 -Applicants (By Advocate -Shri J.B. Singh) Versus
1. Union of India, Through Secretary Ministry of Defence Government of India South Block New Delhi 110001
2. Chairman Ordnance Factory Board, Audh Bhawan 10-A SK Bose Road, Kolkata 700001
3. General Manager, Vehicle Factory, Jabalpur 482009
- Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00870/2021
1. A.K. Dave, S/o Late Shri A.R. Dave Aged about 66 years Ex- Deputy Registrar CAT Jabalpur Bench R/o 336/D SBI Colony Single Story Quarters Baldeo Bagh Ukhari Road Jabalpur (MP) 482002 Mobile No.9926335144 Page 12 of 20 13 Sub: Increment
2. N. Sripatha Rao, S/o Shri R. Narsimha Rao, Aged about 64 years Ex Deputy Reigstrar CAT Jabalpur Bench R/o 37 2nd Cross New Bank Colony Konanakunte Bangalore (Karnataka) 560062 Mobile No.8105239221
3. Keshav Prasad Pandey S/o Shri D.R. Pandey Aged about 66 years Ex-Jamadar CAT Jabalpur Bench R/o H.No.329/1 Laalmati Sahu Mohalla Jabalpur (MP) 482001 Mobile No.9424493705
-Applicants (By Advocate -Shri J.B. Singh) Versus
1. Union of India, Through its Secretary Ministry of Personnel PG and Pensions Government of India Department of Personnel & Training North Block New Delhi 110001
2. Principal Registrar, Central Administrative Tribunal Principal Bench 61/35 Copernicus Marg New Delhi 110001
3. Deputy Registrar Central Administrative Tribunal Om Shanti Chauk Katanga Jabalpur 482001 - Respondents (By Advocate -Shri D.S. Baghel proxy counsel for Shri S.P. Singh) Original Application No.200/00920/2021
1. J.P. Barett S/o Late Shri H.A. Barrett Aged about 67 years, R/o 301 Himasha apartment Near GS College Civil Lines, Jabalpur (MP) Post MCM
2. Ramnarayn Soni S/o Shri Balkrishna Soni aged about 66 years R/o Naya Gaon Near Sona Kirana Stores Bbu Jagjeevan Ram Marge, Murwara Katni District Katni (MP) Post A Grade Electrician
3. Ramesh S/o Shri Rajaram Aged about 67 years Plot No.98 Third Bridge, Sadar Cantonment Jabalpur (MP) 482001 Post A Grad Mechanic
4. S.K. Tripathi s/o late Shri D.P. Tripathi Aged about 63 years R/o WEard No.13 Lakhram Mohalla Khitola Bajar Sihora District Jabalpur (MP) Post Turner A Grade Page 13 of 20 14 Sub: Increment
5. Harwansh Prasad, S/o Late Shri Gopal Ji aged 63 years R/o Near Badaa Hanuman Temple Ram Janki Ward 18 Roshan Nagar, Katni Distt-Katni (MP) Post Turner A Grade
6. Munnalal Jatav S/o Late Gayadin Jatav aged about 65 years Near Kavasji School, Kavasji Ward, Murwara District Katni (MP) 483501 Post Turner A Grad
7. Jagdish Prasad S/o Late Ram Singh Yadav Aged about 64 years R/o WEard Nko.18 Behind Sharda Tent House Roshan Nagar, Katni (MP) Post Electrician
8. Gulam Hussain S/o Late Gulam Rasool aged 62 years R/o House NO.977 Near Subbah Shah Mazar lal Bahadur Shastri Ward, Jabalpur 482002 Post Peon PFA
9. Hari Shankar Pathak S/o late Shri Raghuwar Prasad Pathak aged about 64 years R/o House No.1524/3 Samdadiya Colony, Kanchghar Colony Jabalpur (MP) Post Mail Driver
10. Santosh Kumar Rajput S/o Shri Shiv Singh Rajput Aged about 63 years R/o Flat No.9/C Pavitra Apartment Block C South Civil Lines Jabalpur (MP) 482001 Post OS PCEE
11. Ravi Kumar Verma aged about 61 years S/o Shri Ramlal Verma R/o Cherital Tulsi Nagar Chhaya Duplex House No.23 Jabalpur (MP) 482002 Post OS PCEEs
12. Shri Mahendra Kumar Jain, aged about 61 years s/o Late Shri N.C. Jain R/o 52 Mahakoshal Nagar, Maharshi Mahesh Yogi Ward Adhartal Jabalpur (MP) Post PCEEs
13. Prem Kumar Mewari S/o Late Shri J.P. Mewari aged about 60 years R/o Behind Badi Mahakali Garha Phatak, Jabalpur Post Sr. Telecom Maintainer
14. Ram Narayan S/o Raghunath aged about 64 years R/o House No.10 Narsingh Ward, Kareli Distt- Narsinghpur (MP) Post Sr. Technician Maintainer
15. Devi Singh S/o Shri K.L. Sahu, aged about 61 years R/o House No.149/3/4 Krishna Nagar, 90 Quarters Road, Near Trimurti Nagar Jabalpur (MP) Post Sr. Technician/Motar Driver Page 14 of 20 15 Sub: Increment
16. Shyamal Kumar Saxena S/o Rameshwar Dayal Saxena aged about 61 years, R/o Plot No.17/1 Sadanand Society Ganga Nagar, Garha Besides Sidheshwar Mahadev Mandir Purawa Jabalpur (MP) 482003 Post Section Engineer
17. Narayan Prasad Patel S/o Sunderlal Patel, aged about 61 years R/o 581/1 B.T. Road, Gulouwa chowk Narayan Nagar, Garha Ghana Jabalpur (MP) 482003 Post sr. Technician -Applicants (By Advocate -Shri Munish Saini) Versus
1. Union of India, Through General Manager West Central Railway Indira Market Jabalpur 482001 (MP)
2. Principal Chief Personnel Officer West Central Railway Indira Market Jabalpur 482001 (MP)
3. Principal Financial Adviser & Chief Accounts Officer, West Central Railway Indira Market Jabalpur (MP) 482001
4. Principal Chief Engineer West Central Railway Indira Market Jabalpur (MP) 482001
5. Principal Chief Electrical Engineer West Central Railway Indira Market Jabalpur (MP) 482001
6. Divisional Railway Manager West Central Railway Jabalpur (MP) 482001
7. Sr. Divisional Mechanical Engineer (Diesel West Central Railway New Katni Junction District Katni (MP) - Respondents (By Advocate -Shri A.P. Khare) Original Application No.200/00050/2022 Raghunandan Prasad Choubey S/o Maniram Choubey Aged about 65 years Ex-Clerk PAO (ORC) Corps of Signals Jabalpur R/o New Ram Nagar Pari Floor Mill Adhartal Jabalpur (MP) -Applicant (By Advocate -Shri Yadvendra Dwivedi) Versus Page 15 of 20 16 Sub: Increment
1. Union of India, Through the Secretary Ministry of Defence South Block New Delhi PIN Code 110001
2. The Accountant Controller Office of CGDA Ulambatar Road Palam New Delhi PIN Code 110001
3. The Chief Defence Account Controller (Pension) Office of Near Draupadi Ghat Saraswati Vihar Sadar Bazar Prayagraj (UP) PIN Code 211001
4. The Defence Account Controller Near Ridge Road, Jabalpur (MP) PIN Code 482001 - Respondents (By Advocate -Shri D.S. Baghel) Original Application No.200/00475/2023 Purshottam Rathore S/o Shri Khem Cahnd Aged about 61 years retired Postman R/o 27 Kshipra Vihar Colony Shankarpur Makshi Road, Ujjain (MP) 456006 Mobile No.8120487154
-Applicant (By Advocate -Shri J.B. Singh) Versus
1. Union of India, Through Secretary Department of Posts Dak Bhavan 1 Sansad Marg, New Delhi 110001
2. Chief Postmaster General, Madhya Pradesh Circle Bhopal 462012
3. Senior Superintendent of Post Offices Malwa Division Ujjain 456010 - Respondents (By Advocate -Shri D.S. Baghel) Original Application No.200/00804/2023
1. D.D. Tiwari S/o Shri Vishal Tiwari Aged about 62 years retired Sorting Assistant R/o 73 new Jagdamba Colony Behind Krishi Upaj Mandi Jabalpur (MP) 482002 Mobile No.7999691821
2. R.K. Tiwari S/o Shri Ravi Krishna Tiwari Aged about 62 years retired Sorting Assistant R/o Hanuman Chowk Near Asmani Mata Page 16 of 20 17 Sub: Increment Mandir Near Ramnagar Adhartal Jabalpur 482004 Mobile No.9926357386
3. Chandra Prakash Shukla W/o Late Shri L.P. Shukla Aged about 62 years Retired Mail Man R/o Ashok Colony Near Sukh Sagar Apartment Katni 453501 Mobile No.9826392584
4. Rajendra Kumar Shrivastava, S/o Shri M.P. Shrivastava Aged about 61 years Retired Mail man R/o 1437/2 Near Arti Kirana Stores Ghamapur Chauk Jabalpur 482001 Mobile No.9131787818
-Applicants (By Advocate -Shri J.B. Singh) Versus
1. Union of India, Through Secretary Department of Posts Dak Bhavan 1 Sansad Marg, New Delhi 110001
2. Postmaster General, Jabalpur Region Jabalpur 482001
3. Superintendent Railway Mail Service, JB Division Jabalpur 482001 - Respondents (By Advocate -Shri P.K. Chourasia) (Date of reserving the order: 09.11.2023) COMMON O R D E R By Justice Akhil Kumar Srivastava, JM;
The only question that arises for consideration is as to whether an employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year, as the case may be.
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2. Since the issue involved in all these Original Applications is common in nature, they are being decided by way of a common order.
3. While the applicants in some of the cases have retired on 30th June, others retired on 31st December. They are aggrieved that they have not been granted the benefit of increment, which was otherwise due to them, only on the ground that by the time the increment became due, they were not in service.
4. We find that the issue regarding grant of one annual increment due on completion of one year service before attaining the age of superannuation has now attained finality in view of the judgment passed by the Hon'ble Supreme Court in Civil Appeal No.2471 of 2023 (@SLP(C) No.6185/2020) decided on 11.04.2023 in the case of The Director (Admn. and HR) KPTCL & others vs. C.P. Mundinamani & Ors, wherein it has been held as under:
"6.7 .......... As observed hereinabove, to interpret Regulation 40(1) of the Regulations in the manner in which the appellants have understood and/or interpretated would lead to arbitrariness and denying a government servant the benefit of annual increment which he has already earned while rendering specified period of service with good conduct and efficiently in the last preceding year. It would be punishing a person for no fault of him. As observed hereinabove, the increment can be withheld only by way of punishment or he has not Page 18 of 20 19 Sub: Increment performed the duty efficiently. Any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided. If the interpretation as suggested on behalf of the appellants and the view taken by the Full Bench of the Andhra Pradesh High Court is accepted, in that case it would tantamount to denying a government servant the annual increment which he has earned for the services he has rendered over a year subject to his good behaviour. The entitlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day. In the present case the word "accrue" should be understood liberally and would mean payable on the succeeding day. Any contrary view would lead to arbitrariness and unreasonableness and denying a government servant legitimate one annual increment though he is entitled to for rendering the services over a year with good behaviour and efficiently and therefore, such a narrow interpretation should be avoided. We are in complete agreement with the view taken by the Madras High Court in the case of P. Ayyamperumal (supra); the Delhi High Court in the case of Gopal Singh (supra); the Allahabad High Court in the case of Nand Vijay Singh (supra); the Madhya Pradesh High Court in the case of Yogendra Singh Bhadauria (supra); the Orissa High Court in the case of AFR Arun Kumar Biswal (supra); and the Gujarat High Court in the case of Takhatsinh Udesinh Songara (supra). We do not approve the contrary view taken by the Full Bench of the Andhra Pradesh High Court in the case of Principal Accountant-General, Andhra Pradesh (supra) and the decisions of the Kerala High Court in the case of Union of India Vs. Pavithran (O.P.(CAT) No. 111/2020 decided on 22.11.2022) and the Himachal Pradesh High Court in the case of Hari Prakash Vs. State of Himachal Pradesh & Ors. (CWP No. 2503/2016 decided on 06.11.2020).
5. Since the issue involved in this Original Application is no longer res integra as the same has already been decided by the Hon'ble Supreme Court in C.P. Mundinamani (supra), nothing Page 19 of 20 20 Sub: Increment remains further to be adjudicated upon in these matters.
Accordingly, all these Original Applications are disposed of with a direction to the respondents to grant the benefit of one notional increment to the applicants due on 1st July or 1st January of the next year, as the case may be, with all consequential benefits. Let the needful be done within a period of three months from the date of receipt of a copy of this order.
No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava) Administrative Member Judicial Member kg/-
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