Central Administrative Tribunal - Mumbai
Shri Kantilal Dattatray V Yavahare vs Directorate Gewneral Of Eme on 29 January, 2025
1 OA No.102/2025
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.102/2025
Date of Decision: 29.01.2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Shri Kantilal Dattatray Vyavahare
Aged about 66 Years
S/o Shri Dattatray Vyavahare
R/a Survey No. 70 Famous Chowk
Ganesh Nagar New Sangavi
Aundh Camp, Pune
Mob: 9623892908 - Applicant
(By Advocate Shri P.J. Prasadrao)
Versus
1. Union of India
Through the Secretary,
Ministry of Defence, South Block,
New Delhi-110 011.
2. The Directorate General of EME
C/o HQ Tech. Gp. EME Chitral Lines,
Near Kirby Place, Delhi Cantt. -110010
3. The Commandant & MD
512 Army Base Workshop,
Kirkee, Pune 411003
4. The Principal Controller of Defence Accounts (Pensions)
Prayagraj, Draupadi Ghat,
Prayagraj, 211014
5. The Director (ADMN.)
Department of Personnel & Training
Ministry of Personnel, P G and Pensions
2 OA No.102/2025
Government of India North Block,
New Delhi- 110 001 - Respondents
ORAL ORDER
Per : Mr. Shri Krishna, Member (A)
Heard Shri P.J. Prasadrao, learned counsel for the applicant.
2. The applicant has filed MA No.98/2025 in OA No.102/2025 for condonation of delay. It has been submitted that the applicant has retired on 30.06.2018 and notional increment was due to him on 01.07.2018. However, the same was not granted to the applicant. He submits that the cause of action has arisen because of the law laid down by the 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 11th April, 2023. Therefore, the applicant is entitled for the relief. He submits that the DoPT has issued OM dated 14.10.2024 to implement the judgment of the Hon'ble Supreme Court. He submits that the pension is a continuous cause of action and, therefore, the MA for condonation of delay 3 OA No.102/2025 should be allowed.
3. We have considered the submission of the applicant. For the reasons stated therein in the MA, the same is allowed.
4. Since the issue has been decided by the Hon'ble Supreme Court in the case of C.P. Mundinamani (supra), the OA is being disposed of by the admission stage itself.
5. The applicant has retired on superannuation on 30.06.2018. He claims that the next increment was due to him on 01.07.2018 and, therefore, he is entitled for grant of notional increment as held by the Hon'ble Supreme Court in the case of C.P. Mundinamani (Supra) 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. The applicant states that non-granting of increment after completion of one year of service offends the spirit of reasonableness enshrined in the 4 OA No.102/2025 Article 14 of the Constitution of India. He further states that in the case of Maharaja Krishna Bhatt and Another Vs. State of J&K, (2008) 2 SCC (L&S) 783, it was held that once the judgment has attained finality, it could not be termed as wrong and its benefits ought to have been extended to other similarly situated persons.
6. The applicant has submitted representation to the respondents department on 09.01.2024 which has been rejected by the respondents vide impugned order dated 24.01.2024 (Annexure A-1) on the ground that in the absence of the DoP&T OM, the respondents will not be able to implement the decision of Hon'ble Supreme Court in the case of C.P. Mundinamani (Supra).
7. Shri Prasadrao submits that the above stand of the respondents is not correct as the DoPT itself has issued OM dated 14.10.2024 to grant the notional increment to the applicant subject to certain conditions specified in the OM. He further submits that the applicant will 5 OA No.102/2025 be satisfied, if the notional increment is granted to him from 01.07.2023 subject to the applicant fulfilling the conditions specified in the OM.
8. We have considered the submission of learned counsel for the applicant.
9. 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. 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 6 OA No.102/2025 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 30.04.2023 (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).
10. 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 7 OA No.102/2025 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.
11. 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.
12. It is made clear that this order is subject to the outcome of the Review Petition in 8 OA No.102/2025 the case of Union of India & Anr. Vs. M. Siddaraj, in Miscellaneous Application No.(DY) No.2400/2024 in Special Leave Petition No.4722/2021 which is pending before the Hon'ble Supreme Court.
13. The Original Application stands disposed of with the above directions. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
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