Central Administrative Tribunal - Allahabad
Arun Kumar Singh vs Smt Saumya Mathur, General Manager, N E ... on 12 November, 2025
Reserved
On 08th October, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD
*********
Contempt Petition No. 263 of 2024
In
Original Application No. 517 of 2024
Allahabad this the 12th day of_November, 2025
Hon'ble Mr. Rajnish Kumar Rai, Member-J
Hon'ble Ms. Manju Pandey, Member-A
1- Arun Kumar Singh aged about 61 years son of Late Shri Arjun Singh
retired Senior Section Engineer/ Signal Workshop, Gorakhpur Cantt., N.E.
Railway, H.Q. Gorakhpur R/o- Rampur Nayagaon, Post: Gorakhnath Mandir,
Gorakhpur.
2- Mohd. Irfanullah aged about 61 years son of Late Barkallah retired Office
Superintendent, Principal C.M.M./ N.E. Railway, H.Q. Gorakhpur R/o House No.
436, Mohalla-Humayunpur (North) near Daroga Masjid, Post: Gorakhnath,
Gorakhpur.
3- Raghu Nandan Dubey aged about 61 years son of Late Shri Ram Rajit
Dubey retired Senior Section Engineer/ Signal Workshop, Gorakhpur Cantt., N.E.
Railway, H.Q. Gorakhpur R/o- 3/42 Rail Vihar, Phase- IInd, Chargawan, Rapti-
Nagar Gorakhpur.
4- Shree Lal aged about 61 years son of Late Shri Mukut retired Chief Office
Superintendent/ Signal Workshop, Gorakhpur Cantt., N.E. Railway, H.Q.
Gorakhpur R/o- Village: Revda, Post: Sidhauli, Gorakhpur.
5- Kamlesh Kumar Gupta aged about 61 years son of Late Shri Shiv Das
Prasad Gupta, retired Senior Technician (Signal Maintainer), Lko Dn. N.E.
Railway, H.Q. Gorakhpur R/o 545KA/ RV 1494 Ram Vihar Colony, Rajaji Puram,
Lucknow.
6- Vishnu Kumar Pathak aged about 61 years S/o Late Shri R.K. Pathak,
retired C.D.M.S./Stores, Lko Dn. N.E. Railway, H.Q. Gorakhpur R/o22/446,
Sector 22 Near Amrapali Market Indra Nagar, Lucknow.
7- Om Narayan Singh aged about 62 years S/o Late Shri Parshu Ram Singh,
retired General Assistant (Managing/Per.), Lko Dn. N.E. Railway, H.Q. Gorakhpur,
R/o- Village & Post: Sarya Gadwaar, District: Ballia.
8- Sudhir Kumar Srivastava agaged about 62 years son of Late Shri Brij
Mohan Lal Srivastava, retired Train Manager (Mail/Express), N.E. Railway, IZN
Dn., H.Q. Gorakhpur R/o- 120 Triveni Enclave, Near Karmachari Nagar, Bareilly.
9- Jang Bahadur Ram aged about 62 years S/o Late Shri Barsatu Ram,
retired A.C.M./ BSB Dn. N.E. Railway, H.Q. Gorakhpur R/o- Village: Dasupatti,
Post: Nizamabad, District: Azamgarh.
10- Avdhesh Kumar Srivastava aged about 62 years son of Shri Keshav
Prasad Lal retired Chief Commercial Clerk, N.E. Railway, BSB Dn., H.Q.
Gorakhpur R/o- House No. 161-M, Basharatpur, Ghos Compound, Gorakhpur.
11- Paras Nath Malviya aged about 63 years S/o Late Shri T.N. Tiwari, retired
MANISH MEHROTRA M.C.M./ Diesel Shed, Gonda N.E. Railway, H.Q. Gorakhpur R/oVillage:
Mahaiehpar, Post: Bhatpar Rani, District: Deoria.
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12- Chandra Bhanu Malviya aged about 63 years S/o- Late Shri B.K. Tiwari,
retired Guard (Mail / Express), Lko Dn., N.E. Railway, H.Q. Gorakhpur R/o-
Mahaiehpar, Post: Bhatpar Rani, District: Deoria.
13- Mayank Dhar Shukla aged about 63 years S/o- Late Shri L.C. Shukla,
retired Dy. Chief S&T Engineer (Cons.), N.E. Railway, H.Q. Gorakhpur R/o-
Village: Pipara Banwari, Post: Bharo Riya, Gorakhpur.
14- Prakash Yadav aged about 64 years S/o-Shri Raj Narayan Ray, retired
Chief D.M.S., Store Depot, N.E. Railway, H.Q. Gorakhpur R/o- 42-A, Karim
Nagar, near Rail Vihar, Phase-I, Post: Chargawan, Gorakhpur.
15- Piyush Kanti Saha aged about 64 years S/o-Late Shri Durga Prasanna
Saha, retired O.S. under PCCM, N.E. Railway, H.Q. Gorakhpur R/o- G3/86, Rail
Vihar, Phase-I, Chargawan, Gorakhpur.
16- Amar Nath aged about 64 years S/o- Late Shri Baboo Lal, retired Station
Superintendent, DRM(Optg.), Lko Dn. N.E. Railway, H.Q. Gorakhpur R/oTiwaripur
(infront of Aara Machine), Gorakhpur.
17- Ajay Kumar Sharma aged about 65 years S/o Late Shri Kedar Nath
Sharma, retired Chief O.S./ PCPO Office, N.E. Railway, H.Q. Gorakhpur R/o-
House No. 2/92, Rail Vihar, Phase-II, Chargawan, Gorakhpur.
18- Shiv Bachan Gond aged about 65 years S/o Late Shri Moti Gond, retired
Chowkidar at Training School, Ghazipur, N. E. Railway, BSB Dn., H.Q. Gorakhpur
R/o- Village: Jigna Dixit, Post: Bhatni, Deoria.
19- Mrigendra Bahadur Singh aged about 65 years S/o- Shri Gyan Bahadur
Singh retired Senior A.F.A., N.E. Railway, H.Q. Gorakhpur R/0- 96-D, Shivpur,
Subhiganj, Gorakhpur.
20- Smt. Meena Srivastava (family pensioner) aged about 62 years Widow of
Late Shri Sudhir Ranjan, Retired Accounts Assistant, FA&CAO Office, H.Q.
Gorakhpur R/o- 6/203, Vasundhra, Enclave, Siddharth Enclave, Tara Mandal,
Gorakhpur.
21- Sayeed Manzer Beg aged about 66 years S/o Late Mirza Firasat Beg,
retired Chief O.S. in the office PCPO, N.E. Railway, HQ Gorakhpur R/oMohalla
Ismailpur, Post: Geeta Press Nakkhas Chauriya, Gola Road, near Aara Machine,
Gorakhpur.
22- Syed Rafaqat Ali aged about 66 years S/o- Late Syed Farasat Ali, retired
Chief Office Superintendent in CSTE's office, N.E. Railway, H.Q. Gorakhpur R/o-
House No. 444/385, Baraf-khana, Radhagram, Thakurganj, Lucknow.
23- Kanhaiya Lal Gupta aged about 66 years S/o Late Shri M.R. Gupta, retired
Senior Section Engineer (Cons.), under CAO(Con.), N.E. Railway, H.Q. Gorakhpur
R/o- H.No. 2/59 Rail Vihar Phase-II, Chargawan, Gorakhpur.
24- Ved Mitra Arya aged about 66 years S/o- Late Shri Tameshwar Prasad,
retired Chief O.S. (Engg.), DRM's Office, Izzatnagar, H.Q. Gorakhpur R/oHouse
No. 80- Lajpat Nagar (near Karmchari Nagar), Izzatnagar Bareilly.
25- Sohan Lal aged about 67 years S/o- Late Shri Lallan, retired Technician
(C&W)-III, N.E. Railway Gonda, H.Q. Gorakhpur R/o- Maharani-ganj, Ghosiyana,
Post: Badgaon, District: Gonda.
26. Manohar Lal Dixit aged about 67 years S/o Late Shri Ram Kishore Dixit,
retired Section Engineer (Tele), Lko Dn. N.E. Railway, H.Q. Gorakhpur R/o-
548/237- Surya Nagar Near Surya Nagar, Railway Crossing, Manak Nagar,
Lucknow.
27. Bechu Prasad aged about 67 years S/o Late Shri Pheku Lal, retired Chief
O.S. in the office of C.O.S, N.E. Railway, H.Q. Gorakhpur, R/o- Manas Vihar
Colony, Paadri Bazar, near Vatsalya Public School, Paadri Bazar, Gorakhpur.
MANISH MEHROTRA
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28. Harish Chandra aged about 67 years S/o- Late Shri Ganga Prasad retired
Senior Section Engineer (Drawing) S&T in the office of CSTE's, N.E. Railway,
Gorakhpur R/o- L.I.G. 39, Raptinagar, Phase-4, Chargawan, Gorakhpur.
29. Pradeep Kumar Srivastava aged about 67 years S/o Late Shri Sant Prasad
Srivastava, retired Senior Section Engineer (Tele), Lko Dn., H.Q. Gorakhpur R/o-
L.I.G. 219 Phase I, Vikas Nagar, Vargadva, District: Gorakhpur.
30. Smt. Maya Rani (family pensioner) aged about 64 years Widow of Late
Shri Baij Nath, Retired Dy. Chief Yard Master, Mechanical Workshop, H.Q.
Gorakhpur R/o- 74- Parshuram House, Bhediyagardh, Asuran Chauk, Post: Geeta
Vatika, Gorakhpur.
31. Ram Charitra aged about 68 years S/o- Late Shri Bhagwan Datt, retired
Trolley-man, Engineering Department, N.E. Railway, Lko Dn. / H.Q. Gorakhpur
R/o-Village: Ghanauri (Uorf) Jigner, Post: Badhni, District: Siddharth Nagar.
32. Alar Tete aged about 68 years S/o Late Shri Prabhu Sahay Tete, retired
Station Superintendent, Sitapur, Lko Dn. N. E. Railway, H.Q. Gorakhpur R/o-
Bosco Nagar, Latma Road, Post: Hatia Ranchi, Jharkhand.
33. Ram Naresh Chandra Srivastava aged about 69 years S/o Satya Deo Lal,
Retired D.M.S.-I Stores, Workshop, N.E. Railway, H.Q. Gorakhpur, R/o- G-2/100
Rail Vihar Phase-I, Chargawan, Gorakhpur.
34. Ramesh Kumar Upadhyay aged about 69 years S/o- Late Shri K.N.
Upadhyay, retired Painter (C&W), N.E. Railway, Varanasi Dn., H.Q. Gorakhpur
R/o- Village and Post: Sagarpali, District: Ballia.
35. Vishnu Pd. Gupta aged about 70 years S/o-Late Shri Ram Prasad Gupta
retired Accounts Assistant under P.F.A., N.E. Railway, Gorakhpur R/oHouse No.
13, Moh: Mirzapur, Post: Gita Press, Gorakhpur.
36. Ashwani Kumar aged about 71 years S/o- Late Shri Jata Shanker Lal
retired Commercial Supervisor, N.E. Railway, Lucknow Division, H.Q. Gorakhpur
R/o- H.No. 15, Mohalla: Chotey Kazipur, Gorakhpur.
37. Ashok Kumar Gupta aged about 71 years S/o Late Shri Ram Das Gupta
retired Chief Traffic Inspector, in the office of PCOM/N.E. Railway, H.Q.
Gorakhpur R/o- B/289, Avas Vikas Colony, West Shahpur, Post: Geeta Vatika,
Gorakhpur.
38. Shyam Bahadur aged about 71 years S/o Late Shri Shiv Shanker Prasad,
retired Office Superintendent, in the office of Dy. C.M.M. (Depot), N.E. Railway,
H.Q. at Gorakhpur R/o- Village: Nagra, Post: Badhya Chowk, District: Gorakhpur.
39. Tilak Dhari Prasad aged about 72 years S/o Late Shri Babai Ram, retired
Senior Commercial Clerk, N.E. Railway, BSB Dn./H.Q. Gorakhpur R/oVillage:
Hazipur, Post: Cholapur, District: Varanasi.
40. Radhey Shyam Jaiswal aged about 74 years S/o Late Shri Ram Dayal
retired Station Superintendent/ Palia Kalan N.E. Railway, Lko Division, H.Q.
Gorakhpur, R/o- Village and Post: Barhyapur, District: Gorakhpur.
41. Satish Kumar aged about 75 years S/o Late Shri Chadammi Lal, retired
Senior Section Engineer, N.E. Railway, Izzatnagar Dn./ H.Q. Gorakhpur R/o- 459-
A, Indra Nagar, Opposite Gurudwara, Bareilly.
Petitioners
By Advocate: Shri Santosh Kumar Kushwaha
Vs.
1. Smt. Saumya Mathur, General Manager, N.E. Railway, H.Q. Office,
Gorakhpur.
MANISH MEHROTRA 2. Shri Ajay Kumar Srivastava, G.M. (P)/Principal Chief Personal Officer, N.E.
Railway, H.Q. Office, Gorakhpur.
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3. Shri Sanjeev Jain, Principal Finance Advisor & Chief Accounts Officer, N.E.
Railway, H.Q. Gorakhpur.
Respondents
By Advocate: Shri Pramod Kumar Rai
ORDER
Delivered by Hon'ble Mr. Rajnish Kumar Rai, Member-A Shri Santosh Kumar Kushwaha, learned counsel for the petitioners is present.
Shri Pramod Kumar Rai, learned counsel for the respondents is present.
2. This Tribunal vide Order dated 15.05.2024 has allowed the O.A. No. 517 of 2024 filed by the petitioners. Vide Order dated 15.05.2024, the respondents were directed, as under: -
"13. For the foregoing reasons, the instant OA is allowed at the admission stage itself. Respondents are hereby directed to issue one notional increment to the applicants and further issue revised PPO(s) in this regard. However, arrear payment of only three years preceding to the date of filing of this original application shall be made to the applicants @ 6% simple interest per annum. The said exercise be completed within a period of three months from the date of this order without fail.
When the Order dated 15.05.2024 was not complied, the petitioners have filed the present Contempt Petition.
3. This Tribunal vide Order dated 04.10.2024 has issued notice to the respondents returnable within six weeks. In compliance, the respondents have filed the Affidavit of Compliance on behalf of the respondents mentioning therein about the Order of Hon'ble Supreme Court. It is submitted that the Hon'ble Supreme Court vide interim order dated 06.09.2024 has mentioned about the cutoff date i.e. 01.05.2023 for applicability of their Order dated 11.04.2023. Hence, the respondents submitted that the benefit of notional increment may only be granted from 01.05.2023 and not from a day prior to 01.05.2023. It is submitted by the respondents that a clarification petition was filed by Ministry of MANISH MEHROTRA Railways vide Diary No. 2400 of 2024 which was disposed by the Hon'ble 5 Supreme Court on 20.02.2025 with the observation/directed quoted as under: -
"We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:
(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 month the in which the application for intervention/impleadment was filed.
We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) 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 application for any retired employee filed an 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."
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.
MANISH MEHROTRA Recording the aforesaid, the miscellaneous are disposed of. 6 The respondents in their counter affidavit have submitted that the Hon'ble Supreme Court has clearly outlined that the clause (d) will not apply to the retired government employee who filed a Writ Petition/ Original Application or an application for intervention before the CAT/High Court/this Court after the Judgment in 'Union of India & Anr. V. M. Siddaraj' as in such cases, clause (a) will apply and the case of M. Siddaraj (supra) was disposed of on 19.05.2023 and the OA No. 871/2024 was filed on 08.08.2024. It is also cleared by the Hon'ble Supreme Court that the actual date of effect of their Judgment dated 11.04.2023 would be on or after 01.05.2023 and enhanced pension for the period prior to 30.04.2023 will not be paid. The respondents further submitted that in pursuance of the Hon'ble Apex Court interim order dated 06.09.2024, the DOP&T has issued a letter dated 14.10.2024 and advised to all Ministries/Departments of Government of India for taking action 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. 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 pensionery benefits. It is also the submission of respondents that as per DOP&T letter dated 14.10.2024, the Railway Board has issued a letter dated 03.12.2024 and circulated the DOP&T letter dated 14.10.2024 to the General Managers/Principal Financial Advisors, All Zonal Railways & Production Units for information and compliance advising that these instructions shall apply mutatis mutandis on the Railways also. The respondents also submitted that in strict compliance of order and direction passed by this Hon'ble Tribunal, MANISH MEHROTRA Hon'ble Apex Court's interim order dated 06.09.2024 and para 7 of 7 DOP&T's letter dated 14.10.2024, revised Pension Payment Order after granting one Notional Increment has been issued to all the applicants. The respondents have also submitted that the petitioners No. 10, 25 and 30 have sent their denial letters. In view of above, the respondents submitted that they have complied the Order of this Tribunal.
4. Learned counsel for the petitioner submitted that the original Order is issued with regard to grant of 6% interest along with arrears for the period of three years before the date of filing of O.A. and accordingly, the applicant is entitled for the arrears along with payment of interest. Therefore, the respondents have not complied the directions of Hon'ble Supreme Court dated 20.02.2025 passed in "Diary No. 2400/2024 Union of Indian and Others Vs. M. Siddaraj". Learned counsel for the petitioner has relied upon the Judgment of Hon'ble High Court of Madhya Pradesh at Jabalpur dated 19.03.2025 passed in Writ Petition No. 37195 of 2024.
5. Heard, learned counsel for the parties and perused the record.
6. From perusal of the Order and direction issued by this Tribunal on 12.08.2024, it is apparent that the issue with regard to grant of notional increment was allowed to the applicant in the light of Hon'ble Supreme Court decision dated 11.04.2023 passed in the case of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., reported in (2023) SCC online S.C. 401 (Civil Appeal No.(s) 2471/2023) and subsequently after considering the Judgment of Hon'ble Supreme Court in the case of C.P. Mundinamani & Ors. (supra) and Union of India and Others V. Tarsem Singh (2008) 8 SCC 648, this Tribunal as well as various Courts have allowed the O.A./Writ Petition for granting one notional increment along with arrears of three years along with interest. It appears that in the subsequent litigation (Special Leave Petition (c) MANISH MEHROTRA No. 4722/2021 "Union of Indian and Others Vs. M. Siddaraj, decided on 11.04.2023), the Hon'ble Supreme Court has considered 8 the grievance in subsequent Misc. Application (Diary) No. 2400/2024, wherein the interim order was passed with modification in operative portion, as stated in para-3 of this Order. From perusal of above observation of the Hon'ble Supreme Court, it appears that the issue with regard to grant of notional increment, as directed in the case of C.P. Mundinamani (supra) and other issues regarding grant of three years arrears and interest thereon, was considered. However, in the case of M. Siddaraj (supra), a subsequent clarification was issued by the interim order dated 06.09.2024. It was held that the judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment and one increment will be payable on and after 01.05.2023 and enhanced pension for the period prior to 31.04.2023 will not be paid.
7. From the observation in the above para, it is apparent that the grant of notional increment was upheld as per judgment in C.P. Mundinamani case (supra), however, the arrears and other issues were considered for limited purpose i.e. for grant of arrears only that too from the date of judgment 'on and after 01.05.2023' and enhanced pension for the period prior to 31.04.2023 will not be paid. Subsequently, the Hon'ble Supreme Court has modified para-(d) of the interim order on 20.02.2025 with the following observation: -
"(d) In case application for any retired employee filed an 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."
From perusal of above, it appears that 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. The clarification issued below para-(d) in the Order dated 20.02.2025 is MANISH MEHROTRA quoted below: -
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"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."
It is apparent from the above, that the modified clause (d) will not apply to the person who has filed any intervention application/writ petition/O.A. after the judgment in the case of M. Siddaraj (supra).
8. After reading para-(a) and modified para-(d) as well as clarification in the bottom of para-(d), we are of the opinion that in the subsequent O.A. filled after the judgment in the case of M. Siddaraj (supra), the benefit of para-(a) with regard to one increment will be payable on and after 01.05.2023. No arrear on any interest was allowed as per para-(a) of the final Order dated 20.02.2025. We are making it clear that the observation of Hon'ble Supreme Court with regard to giving benefit of the Judgment dated 11.04.2023 granting one increment will be payable 'on and after 01.05.2023', meaning thereby if any O.A. is filed after 01.05.2023, the notional increment will be allowed only after the date of judgment and no prior benefit is to be given if an O.A. has been filed after the Judgment in the case of M. Siddaraj (supra).
9. We have also considered the judgment and order dated 19.03.2025 passed by the Hon'ble High Court of Madhya Pradesh in Writ Petition No. 37195 of 2024 (Ajay Kumar Keshav Prasad and others V. Union of India and others) along with connected bunch mattter and gone through para-8 and 9 of the aforesaid judgment, which are quoted herein below: -
8. The Hon'ble Apex Court has held that the clause (d) will not apply to the retired Government employees who filed the petition / original application before the High Court or Tribunal after the judgment passed in case of Union of India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal No.3933/2023) and in such cases clause (a) will apply. It MANISH MEHROTRA has also been held that it will be open to any person aggrieved by non-
compliance of the aforesaid directions to approach the concerned authorities in the first instance and if required, the administrative Tribunal 10 or the High Court as per law. The Government has been directed to examine the cases of the petitioner in terms of the aforesaid order passed on 20.02.2025 and comply with the same expeditiously.
9. In this view of the matter, in these cases as there is a delay by the petitioners in approaching the Court, the benefit of arrears shall be restricted and shall be payable only w.e.f. 01.05.2023 along with interest @7% per annum as directed by the Supreme Court in the case of M. Siddaraj (supra)."
From the above, it is evident from the judgment of Ajay Kumar Keshav Prasad (supra) that the Government was directed to examine the case of petitioners in terms of aforesaid Order passed on 20.02.2025 (in the case of M. Siddaraj) and comply the same expeditiously. However, interest was paid after 01.05.2023, as directed by the Hon'ble Supreme Court in the case of M. Siddaraj, as observed by the Hon'ble High Court of Madhya Pradesh.
10. Subsequent to Hon'ble Supreme Court's Order dated 20.02.2025 passed in M. Siddaraj (supra) and Order dated 19.03.2025 passed by Hon'ble Madhya Pradesh High Court in the case of Ajay Kumar Keshav Prasad (supra), the Department of Personnel and Training issued an O.M. dated 20.05.2025 and the relevant portion of the same is quoted herein below: -
"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 1 July/1 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. As specifically mentioned in the orders of the Hon'ble Supreme Court, grant of the notional increment on 1 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."
11. After considering the aforesaid facts, as stated above, with regard MANISH MEHROTRA to payment of interest, we are confined to the Hon'ble Supreme Court Order dated 20.02.2025, which is issued under Article 141 of the 11 Constitution of India, which stated that the law declared by the Hon'ble Supreme Court to be binding upon all Courts/Tribunals within the territory of India and in compliance to the issue settled by the Hon'ble Supreme Court in the case of C.P. Mundinamani (supra) on 11.04.2023 and subsequent clarification dated 20.02.2025 in the case of M. Siddaraja (supra), the DOP&T has Office Memorandum dated 20.05.2025, which is statutory in nature and having binding effect upon all the departments to comply the Judgment and Order dated 11.04.2023 as well as Order and direction dated 20.02.2025 in its spirit and the same has been allowed with respect to grant of notional increment for the purpose of calculating the pension admissible and not for the purpose of other benefits (pensionary).
12. Accordingly, in such a situation, the binding effect of the judgment pronounced by the Hon'ble Supreme Court under Article 141 of the Constitution and statutory instruction issued by the DOP&T on 20.05.2025, we are confined to the issue with regard to grant of notional increment or any arrears as prescribed under Order dated 20.02.2025 in Diary No. 2400 of 2024. In view of the aforesaid observation, we are of the opinion that the petitioners are not entitled for any interest in pursuance to the Order dated 20.02.2025 of the Hon'ble Supreme Court and subsequently DOP&T O.M. dated 20.05.2025.
13. As apparent after perusal of the compliance affidavit, filed by the respondents, the notional increment has been granted to the petitioners, therefore, no contempt is made out of the Order dated 15.05.2024 passed by this Tribunal in O.A. No. 517/2024.
14. In view of the above discussions, contempt proceedings are dropped and notices issued to the respondents are hereby discharged. All the pending MAs shall be deemed to have been disposed of.
MANISH MEHROTRA (Manju Pandey) (Rajnish Kumar Rai)
Member (Admn.) Member (Judicial)
/M.M/