Central Administrative Tribunal - Delhi
Ramakrishnan M C vs Intelligence Bureau on 29 May, 2025
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Item No.52/ Court No. V O.A. No. 945/2025
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.945/2025
M.A. No.1104/2025
This the 29th day of May, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
1. Ramakrishnan M.C
R/o- G- 282, Delhi Cantt, New Delhi
2. R. Srinivasa Raghavan
R/o- Vill 61, TVS Emerald Green Hills, Chennai,
Tamilnadu
3. KN. Parameshwara Kurup
R/o- Paurani, Alleppey, Kerala
4. N. Ramajayam
R/o Sri Muruga Bhavanam, No-3/2728-4,
Ramanathapuram, Tamil Nadu
5. Mrs. M Parukutty
R/o Marathur PO, Pattambi, Palakkad, Kerala
6. Shankar Warrier C.
R/o- North Gali, Ambalaouzha, Alleppy, Kerala
7. C.R Unni Krishna Pericker
R/o- Ushas Ezhupunna, Alleppy, Kerala
8. Mathew Joseph
R/o- H.No.22/266-A, Kotayam, Kerala
9. K Chandrasekharan
R/o- Flat No. 202, Plot 30, Sector 50, Mumbai,
Maharashtra
10. Mahendra Chidamber Shastri
R/o- Damodar Complex, Dharwad, Karnataka.
...Applicants
(By Advocate: Mr. Janak Raj Rana)
Versus
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Item No.52/ Court No. V O.A. No. 945/2025
1. Union of India
Through Ministry of Home affairs
Through its Secretary
North Block, New Delhi
2. Pay and Accounts Officer
Central Pension Accounting Office
Ministry of Finance Trikoot II Complex,
Bhikaji cama Place, New Delhi
3. Intelligence Bureau
Through its Director
Sardar Patel Marg, Chanakya puri
New Delhi
....Respondents
(By Advocate: Mr. R S Rana)
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Item No.52/ Court No. V O.A. No. 945/2025
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J) M.A. No. 1104/2025 (Joining Together) The present MA has been filed by the applicant seeking permission of the Tribunal to pursue the OA jointly.
2. For the reasons mentioned therein, the MA is allowed and the applicants are allowed to pursue the OA jointly. O.A. No. 945/2025
3. In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek the following reliefs:-
"a) To Grant applicants the notional increment falling due on opt July and opt January of the applicant's respective year of retirement and accordingly fix pension and other retiral benefits of the applicants after taking into consideration the said notional increment of pay, with all consequential b ne1it including arrears etc. w.e.f the date of their retirement.
b) To grant an interest of 18% per annum, compounded annually w.e.f the date of retirement, till the payment is made,
c) Such further order or orders, direction/directions may be passed by this Hon'ble Court may deem fit and proper in the accordance with law.
d) Award exemplary cost upon the respondents in the facts and circumstances of the case."
4. The present O.A. has been filed by the applicants seeking notional increment. Learned counsel for applicants submits that the subject matter of the present 4 Item No.52/ Court No. V O.A. No. 945/2025 O.A. has conclusively been decided by the Hon'ble Apex Court in CA No. 2471/2023 titled 'The Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors' on 11.04.2023. Subsequently, some affected parties including the Railways filed review of order dated 11.04.2023 before the Hon'ble Apex Court. The Hon'ble Apex Court vide order dated 06.09.2024 in M.A. (D.No.) No. 2400/2024 in SLP No. 4722/2021 has passed the following order:-
"It is stated that the Review Petition in Diary No. 36418/2024 filed by the Union of India is pending. The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned. We are informed that a large number of fresh writ petitions have been filed. To prevent any further litigation and confusion, by of an interim order we direct that:
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, 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 beneficial order has been passed, the enhanced 5 Item No.52/ Court No. V O.A. No. 945/2025 pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed. a This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d). Re-list in the week commencing 04.11.2024."
5. Learned counsel for the applicants submits that in view of the decision of the Hon'ble Apex Court the respondents were obliged to extend the benefits prayed for by the applicants on their own accord. However, the applicant has been persuaded to file the present O.A.
6. Learned counsel for the applicants confirms that the Review Petition (D.No 36418/2024) filed against the order of the Hon'ble Apex Court dated 11.04.2023 has been dismissed during the interregnum vide order dated 18.12.2024.
7. Mr. R S Rana, learned counsel for the respondents, submits that the respondents are in the process of extending the benefit of the judgment of the Hon'ble Apex Court. However, he seeks sometime to obtain appropriate instructions or file reply.
8. In view of the above, the O.A. is disposed of with a direction to the respondents to consider the case of the applicants by extending the benefit of the decision of the Hon'ble Apex Court in CA No. 2471/2023 titled 'The Director (Admn. & HR) КРТCL & Ors. Vs. C.P. 6 Item No.52/ Court No. V O.A. No. 945/2025 Mundinamani & Ors' dated 11.04.2023 within thirty days from the date of receipt of a certified copy of this order.
9. The OA is disposed of in the aforesaid terms, without going into the merits, at the admission stage itself. Pending MAs, if any, shall also stand disposed of accordingly.
10. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sm/