Central Administrative Tribunal - Mumbai
Sridhar Prabhakar Kulkarni vs Earth Sciences on 23 October, 2024
1 OA No.1179/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.1179/2024
Date of Decision: 23rd October, 2024
CORAM: Hon'ble Mr. Shri Krishna, Member (A)
Hon'ble Shri Umesh Gajankush, Member (J)
Shri Sridhar Prabhakar Kulkarni
Aged about 62 Years
S/o Shri Prabhakar Kulkarni
R/a.S.No.24/1A-1B, Akshaynagar PH-III
Flat No.303, Vishalnagar, DP Road,
Pimple Nilakh, Pune - 411 027
Mob :-9420727442 ... Applicant
( By Advocate Shri P.J. Prasadrao )
VERSUS
1. Union of India
Through the Secretary,
Ministry of Earth and Sciences
Prithvi Bhavan, in front of Habitant Centre,
Lodi Road, New Delhi - 110 003.
2. The Directorate General of Meteorology,
Mausam Bhavan Lodi Road,
New Delhi - 110 003.
3. The Head Climate Research and Services,
India Meteorological Department,
Shivaji Nagar, Pune - 411 005.
4. The PAO, IMD,
Page 1 of 6
2 OA No.1179/2024
India Meteorological Department,
Shivaji Nagar,
Pune - 411 005. ... Respondents
ORAL ORDER
Per:Mr Shri Krishna, Member (A)
The applicant has retired on superannuation on 30.06.2022 from the post of Meteorologist 'B'. He is claiming annual increment which he claims was due to him on 01.07.2022. The applicant made representation to the respondents on 09.03.2024 which was replied on 12.04.2024 informing that no instructions has been received from the HQ in the matter of grant of notional increment till date. Aggrieved by the said communication, the applicant approached this Tribunal.
2. Learned counsel for the applicant 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 Page 2 of 6 3 OA No.1179/2024 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. in Civil Appeal No.2471/2023 dated 11 th April, 2023 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.
3. We have heard learned counsel for the applicant.
4. 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. Page 3 of 6 4 OA No.1179/2024 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 31.04.2023 (erroneously mentioned as 31.04.2023 in the Order) 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 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).
Page 4 of 6 5 OA No.1179/2024
5. 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 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. Page 5 of 6 6 OA No.1179/2024
6. 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 applicant w.e.f. 01.07.2023 subject to he 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.
7. The benefit granted to the applicant will be subject to the final outcome of the Review Petition (Dy. No.36418/2024) pending before the Hon'ble Supreme Court.
8. 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)
ma.
Page 6 of 6