Central Administrative Tribunal - Mumbai
Yogendra Pratap Dubey vs Posts on 26 July, 2024
1 OA No.776/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.776/2024
Date of Decision: 26th July, 2024
CORAM: Ms. Harvinder Kaur Oberoi, Member (J)
JC.834211 W Ex Sub Maj
Yogendra Pratap Dubey
residing at House No.75,
Suman Vihar Nagpur Road,
Kamptee Dist. Nagpur 440026
Mobile No.9822930207. ... Applicant
( By Advocate Shri Hamid Patel )
VERSUS
1. The Union of India,Through Secretary,
Department of Posts, Sansad Marg,
New Delhi - 110 001.
2. Addl. Director General
Army Postal Service Corps
PIN 908700
C/O 56APO
3. The Chief Postmaster General
Maharashtra Circle
Mumbai 400 001.
4. Officer-In Charge
P & T Administration Cell
Army Postal Service Wing Brigade
of Guards Regt Center,
PIN 900746 C/O 56 APO. ... Respondents
2 OA No.776/2024
ORDER (ORAL)
The present OA has been filed by the applicant who retired from the post of Subedar Major (JC-834211-W) in the office of the respondents. He retired from the Army Postal Service Corps on 01 st July 2016 forenoon without repatriation to the postal department, with prior approval of Chief Postmaster General Maharashtra Circle Mumbai. He thereafter approached the respondents by filing representation on 17.08.2023 seeking one notional increment having completed one year of service till his retirement on 01.07.2016. The same was rejected vide impugned order dated 06.06.2024 stating therein as follows:
"Your case for revision of pension and pensionary benefits taking into account Notional increment falling due on 01 Jul 2016 was scrutinize and found not eligible as per instructions contained in DoP&T office memorandum No.19/2/2018-Estt(Pay-I) dated 03 Feb 2021 and 1453545/2021-Estt (Pay-I) dated 24 Jun 2021."
2. Learned counsel for the applicant submits that recently vide order dated 11.04.2023, in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. 3 OA No.776/2024 Mundinamani & Ors., in Civil Appeal No.2471 of 2023, the Hon'ble Apex Court has settled the law on this aspect whereby the Hon'ble Apex Court has held that the retirees of 30th June or 31st December would be eligible for a grant of notional increment which is due to them on the day next to their retirement. In the present case although the applicant retired voluntary on 01st July, 2016, however he retired after completing one year of service. The date of next increment in his case was 01.07.2016. As such the Apex Court decision is fully applicable in this case also.
3. Given the law as settled by the Hon'ble Apex Court in the case of C.P. Mundinamani (supra), the Original Application is allowed. The respondents are directed to grant a notional increment w.e.f the date next to his retirement with arrears, to the applicant, within three months from the date of receipt of a certified copy of this order. No costs.
(Harvinder Kaur Oberoi) Member (J) ma.