Central Administrative Tribunal - Hyderabad
A P Ranga Rao vs South Central Railway on 11 March, 2024
OA/174/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/020/00174/2024
HYDERABAD, this the 11th day of March, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Ms. Shalini Misra, Administrative Member
1. A. P. Ranga Rao, S/o Gopala Rao,
aged 61 years, Retired Senior Section Engineer (Mechanical),
R/o H.No. 4-20-1, SF-1, Sri Krishna Residency,
Patamata Bazar, 2nd Road, Gollapudi,
Krishna district -521225. PPO: 20237091700022.
2. A. Viswanatham, S/o Sri A.S.R.K. Sastry,
aged 66 years, Retired Senior Technician (Fitter),
Resident of H.No. 41-1/7-15, Gowtham Nagar,
2nd line, Krishnalanka, Vijayawada,
krishna district-520013. PPO: 2017709170084.
3. A. Suryanarayana Sastry, S/o Veera Bhadram,
aged 65 years, Retired Senior Section Engineer (Mechanical),
Resident of H.No.3-27, SSS colony, Gollapudi,
Krishna District - 521225. PPO: 20197091700073.
4. M. Gopala Krishna Murthy, S/o Narasimha Murthy,
aged 61 years, Retired Office Superintendent (personnel),
Resident of H.No. 10/97, Srinilayam, Mailurayi Centre,
Gollapudi, Krishna District 521225. PPO: 20147091700026.
5. N. Sri Ram Gopal, S/o Sri Rama Rao,
aged 67 years, Retired Technician-I (Mechanical),
Resident of H.No.5-133, Kazipet,
Guntupalli, Krishna District 521241, PPO: 20167091700079.
6. V.S. kishore Babu S/o Sri Venkata Krishna Rao,
aged 67 years, Retired Technician-I (Mechanical),
Resident of H.No.6-6, Jayaprada Nagar, IBM Mandal,
Guntupalli, Krishna District - 521241, PPO: 20167091700108.
7. M Hare Ram, S/o Sri M.Venkateswara Rao,
aged 67 years, Retired Chief office Superintendent,
Sr.DPO/O/BZA, Resident of Lat No.G-9, Fortune Heights,
T.D. nagar, RR pet Road, Ajit Singh Nagar,
Vijayawada, AP. - 520011. PPO: 20167090700527.
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OA/174/2024
8. M.Subba Rao, S/o Sri Kondaiah, aged 72 years,
Retired Chief Reservation Supervisor (Commercial),
Resident of D.No. 4-437/2, Damarlavari thota,
Nowluru (PO), Mangalagiri Mandalam,
Guntur district -522503.PPO: 20117090700397.
... Applicants.
(By Advocate : Mr. Edukondalu Chandu)
Vs.
1. Union of India, represented by
The Secretary. Ministry of Railways,
Railway Board. Rail Bhavan, New Delhi-110001.
2. The General Manager,
South Central Railway, 3rd Floor,
Rail Nilayam, Secunderabad-500 025.
3. Workshop Personnel Officer,
Wagon Workshop, South Central Railway, Guntupalli.
4. Senior Divisional Personnel Officer,
Vijayawada Railway Division, South Central Railway,
Vijayawada.
... Respondents
(By Advocate: Mr. M Brahma Reddy, Sr. PC for CG)
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OA/174/2024
ORAL ORDER
(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) Heard Mr. Edukondalu Chandu, learned counsel for the applicants and Mr. M Brahma Reddy, learned counsel for the respondents.
2. By this Original Application the applicants are seeking the following relief(s):
"(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 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.
(iii) To award cost of the application in favor of the applicants."
3. When the matter is taken up for consideration, the learned counsel for applicants submits that, as per the relief prayed for by the applicants, the issue is no more res-integra and is fully covered by the judgement of the Hon'ble Supreme Court of India in Director, KPTCL & others vs. C. P. Mundinamani & others. The learned counsel for the applicants further relied upon the order passed by this Tribunal in OA/520/2023 dated 06.12.2023 wherein the respondents are directed to grant the benefit of one notional increment to the applicants therein.
4. Heard both sides and perused the records.
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OA/174/2024
5. It is to be noted that the Hon'ble Supreme Court of India, by its order dated 19.05.2023 disposed of the Batch of appeals in the matter of the 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 applicants are entitled for the relief as regards the grant of one notional increment on and from the 1st day of July of their respective year of retirement for the purpose of retirement benefits.
6. It is also 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 DOPT as well as the Railways, and there is an exchange of communication in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representations of the applicants dated 10.08.2023 and dispose of the same for grant of one Notional Increment as on 1st July of their respective year, as per the policy decision taken by the Government of India, followed with the Hon'ble Supreme Court and the Hon'ble Delhi High Court judgements, within a period of three months from the date of receipt of this order. It is also made clear that our direction will not extend the period of limitation.
7. Accordingly, the O.A. is disposed of. No order as to costs.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVEMEMBER JUDICIAL MEMBER
/SB/
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