Central Administrative Tribunal - Jabalpur
Subramaniam Punchap Keshav vs South East Central Railway on 18 July, 2025
1
(Reserved on 09.07.2025)
CENTRAL ADMINISTRATIVE TRIBUNAL
JABALPUR BENCH
(Circuite Sitting at Bilaspur)
This the 18th day of July, 2025
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
Original Application No. 27 of 2024
Subbroto Ghosh, S/o late S.R. Ghosh, aged about 61 years,
resident of Plot No. 22/23, Vivekanand Nagar, Mopka P.S,
Sarkanda Police Station, Tehsil and Distt. Bilaspur,
Chhattisgarh 495006 and retired Station Manager, NG, SECR,
Bilaspur.
.......Applicant
Advocate for the applicant: Shri Dilip Kumar Swain
V E R S U S
1. Union of India through the Secretary, Ministry of Railways,
Rail Bhawan, 1, Raisina Road, New Delhi - 110001.
2. General Manaager, South East Central Railways, Bilaspur
Division, Bilaspur, Chhattisgarh - 495004.
3. Principal Chief Personnel Officer, South East Central
Railways, Bilaspur Division, Bilaspur, C.G- 495004.
......Respondents
Advocate for the respondents: Shri Palash Tiwari
Alongwith
Original Application No. 28 of 2024
Vinay Kumar Jain, S/o Late D.C. Jain, aged about 63 years, resident of
Panchali Vihar, behind Shani Mandir, Rajkishore Nagar, P.S Sarkanda
Police Station, Tehsil and Distt. Bilaspur, Chhattisgarh - 495006 and
retired Chief Safety Counsellor, SECR, Bilaspur. .......Applicant
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Advocate for the applicant: Shri Dilip Kumar Swain
V E R S U S
1. Union of India through the Secretary, Ministry of Railways,
Rail Bhawan, 1, Raisina Road, New Delhi - 110001.
2. General Manaager, South East Central Railways, Bilaspur
Division, Bilaspur, Chhattisgarh - 495004.
3. Principal Chief Personnel Officer, South East Central
Railways, Bilaspur Division, Bilaspur, C.G- 495004.
......Respondents
Advocate for the respondents: Shri Bhupendra Pandey
Original Application No. 29 of 2024
Binod Behari Dash, S/o Late Baidyanath Dash, aged about 62 years,
resident of A/3, Royal Residency Phase - 1, Saidham Colony, P.S Torwa
Police Station, Tehsil and Distt. Bilaspur, Chhattisgarh - 495004 and
retired Area Manager B-JR, SECR, Bilaspur. .......Applicant
Advocate for the applicant: Shri Dilip Kumar Swain
V E R S U S
1. Union of India through the Secretary, Ministry of Railways,
Rail Bhawan, 1, Raisina Road, New Delhi - 110001.
2. General Manaager, South East Central Railways, Bilaspur
Division, Bilaspur, Chhattisgarh - 495004.
3. Principal Chief Personnel Officer, South East Central
Railways, Bilaspur Division, Bilaspur, C.G- 495004.
......Respondents
Advocate for the respondents: Shri T.D. Tiwari
Original Application No. 912 of 2024
1. Braj Nath Singh, S/o Late Inspector, aged about 79 years, retired
as Loco Inspector/Sr. Loco Inspector/SECR, R/o Vivekanand
Nagar, Torwa, Post & District - Bilaspur (C.G) - 495004.
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2. B.B. Machhade, S/o Mila Ram Machhade, aged about 79 years,
retired as Loco Inspector // Sr. Loco Inspector/SECR, R/o
Kashimpara, Bilaspur, Distt. Bilaspur (C.G) - 495004.
3. Gopichandra Hathgain, s/o Late Mithai Lal Hathgain, aged about
68 years, retired as Chief OS/Group-I/SECR/BSP, R/o near
Central School, Kasimpara, Bilaspur, Distt. Bilaspur (C.G) -
495004.
4. V.S.R. Murthy, S/o Vishwanadham Sanyasi Rao, aged about 63
years, retired as MGM -I/SECR/BSP, R/o A-18, Ganesh Heights,
Saidham Colony, Torwa, Bilaspur, Distt. Bilaspur (CG) - 495004.
5. Sunil Kumar, S/o Late Peter Bahadur, aged about 66 years, retired
as Loco Pilot/SECR/BSP, R/o near FCI Godown, Tarbahar,
Bilaspur, Distt. Bilaspur (CG) 495001.
6. Manoj Kumar, s/o Late R.N. Prasad, aged about 62 years, retired
as Loco Pilot/ SECR/BSP, R/o near Narayani Tower, Hemu Nagar,
Bilaspur, Distt. Bilaspur (C.G) 495004.
7. G. Padmeshwar Rao, S/o Late G. Appalanarasaiyya, aged about 63
years, retired as Loco Pilot/SECR/BSP,R/o Ganesh Parisar, Torwa,
Bilaspur, Distt. Bilaspur (CG) - 495004.
8. Madhav Gopal Chhattoraj, S/o Late A.B. Chattoraj, aged about 68
years, retired as Loco Pilot, SECR/BSP, R/o BMW, Charoda, Durg,
Distt. Durg (CG) - 490025.
9. B. Rama Rao, S/o Late B. Kamayya, aged about 62 years, retired
as Sr. Goods Train Manager / SECR/BSP, R/o Jeenat Vihar,
Phase-II, Ganesh Nagar, Bilaspur, Distt - Bilaspur (CG) - 495004.
10. Kanchan Kumar Baksi, S/o Late J.K. Baksi, aged about 61 years,
retired as Sr. Goods Train Manager, SECR/BSP, R/o Mopka,
Rahul Dhaba, Panchwati Colony, Bilaspur, Distt. Bilaspur (CG)-
495006.
11. Ajaya Kumar Swain, S/o Late, Balakrishna Swain, aged about 60
years, retired as Chief Controller/ SECR/BSP, R/o Flat No. 207,
Block -A, Sai Bhoomi, Torwa, Bilaspur, Distt. Bilaspur (CG)
495004.
12. Mohd. Inamul Haque, S/o Late Reaz Ahmed Khan, aged about 60
years, retired as Chief Controller / SECR/BSP, R/o behind Dhan
Mandi, Torwa, Bilaspur, Distt. Bilaspur (CG).
13. Prasanna Kumar Mohanta, S/o Late Daitari Mohanta, aged about
61 years, retired as Chief OS/Group-I/SECR/BSP, R/o H. No.
B/2, Sai Dham, near JJ Hospital, Torwa, Bilaspur (CG) - 495001.
.......Applicants
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Advocate for the applicants: Shri A.V. Shridhar
V E R S U S
1. Union of India through General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
3. Principal Chief Personnel Officer, South East Central
Railways, Bilaspur, C.G- 495004.
......Respondents
Advocate for the respondents: Shri S. Rathod
Original Application No. 921 of 2024
Sudhir S.C Kujur, S/o Late Paulus Kujur, aged about 66 years, retired
Superintendent, R/o Anand Villa, Dzire-13, Phase-III, Ganpati Vihar,
Potiya Road, Borasi, Distt . Durg (CG). .......Applicant
Advocate for the applicant: Shri A.V. Shridhar
V E R S U S
1. Union of India through the Secretary, Ministry of Finance,
Department of Revenue, North Block, New Delhi - 110001.
2. The Chairman, Central Board of Excise and Customs,
North Block, New Delhi - 110001.
3. Secretary, Department of Expenditure, Ministry of Finance,
Department of Revenue, North Block, New Delhi - 110001.
4. Chief Commissioner, Central GST and Excise, Bhopal Zone,
178, Bhagya Bhawan, Zone - II, Bhopal (MP) 462011.
5. Principal Commissioner, Central GST and Excise, Central
Excise Building, Dhamtari Rd. Tikrapara, Raipur,
Chhattisgarh - 492001.
6. Commissioner, Central Tax and Central Excise, Audit
Commissionarate, Central Excise Building, Dhamtari Rd.
Tikrapara, Raipur, Chhattisgarh - 492001.
......Respondents
Advocate for the respondents: Shri Himanshu Shrivastava
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Original Application No. 930 of 2024
1. Nagoor, S/o Late Chinaya, Aged about 60 years, R/o House No.
139, Ward No. 14, Shahid Chowk, Telagu Para, Dallirajhara, Distt.
Durg (CG) - 491228.
2. S. Narayana Rao, S/o Late S. Simmanha, Aged abour 68 years,
R/o Ward No. 16, Maruti Nagar, Narsnna Peth, Shrikakulam,
District - Shrikakulam, (Andhra Pradesh) - 532421.
3. Mangalu Ram Kashyap, S/o Late Chandoo Lal, Aged about 63
years, R/o House No. 16/372, near Durga Mandir, Viddya Mandir,
Dipu Para, Bilaspur (CG) 491001.
4. Mansingh, S/o Late Gayadeen Dhruv, Aged about 63 years, R/o
Guru Govind Singh, near Shiv Mandir, Sirgitti, Bilaspur, Distt.
Bilaspur (CG) - 495004.
5. Surit Ram Yadav, S/o Hemlal, aged about 61 years, R/o House No.
21, Behind Gurudwars, Shashtri Nagar, Ballirajhara, District
Balod, (CG) 491228.
6. Bihari Lal, S/o Late Kashiram, Aged about 63 years, R/o Ward No.
28, near Chota Durga Mandir, Tarbahar Road, Distt. Bilaspur (CG)
-495001.
7. Lallan Shaw, S/o Late Sheopujan Shaw, aged about 56 years, R/o
Shivanand Nagar, Ward No. 08, Sector03, Khamtari-2, Raipur,
Distt - Raipur (CG) 492008.
8. Ranjit Kumar Das, S/o Late Ashutosh Das, aged about 68 years,
R/o H. No. 80, Shri Ram Vatika, Teachers Colony, Bhawani Nagar,
Kota, behind Vivekand Vidya Peeth, Raipur (CG) 492010.
.......Applicants
Advocate for the applicants: Smt. Smita Jha
V E R S U S
1. Union of India through the Secretary, Ministry of Railways,
Railway Offices Complex, Tilak Bridge, New Delhi - 110002.
2. South East Central Railways through its General
Manaager, Headquarters, Distt. Bilaspur, Chhattisgarh -
495004.
3. Chief Personnel Officer, South East Central Railways,
Distt. Bilaspur, C.G- 495004.
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4. Senior Divisional Personnel Officer, South East Central
Railways, Raipur, District - Raipur (CG) 492001.
5. Assistantn Personnel Officer, South East Central
Railways, Raipur, Distt. Raipur (CG) 492001.
......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
Original Application No. 388 of 2024
Dilwant Prakash, Age 62 years, S/o Late M.D. Prakash, by post retired
Chief Commercial Supervisor, (S.E.C. Rly. Korba, Bilaspur Division), R/o
Q. No. B-755, Block-C, Yamuna Vihar, N.T.P.C, Jamnipali, Korba, Distt,
Korba (CG) 495450. .......Applicant
Advocate for the applicant: Shri Jameel Akhtar Lohani
V E R S U S
1. Union of India through the General Manaager (G.M), South
East Central Railways, Zonal Office Building, Bilaspur,
Chhattisgarh - 495004.
2. Divisional Railway Manager (P), South East Central
Railways, Office at Divisional Railway Manager (DRM
Office), Bilaspur, C.G- 495004.
3. Senior D.F.M (Pension Settlement), S.E.C.R, Office at
Divisional Railway Manager (DRM Office), Bilaspur (CG)
495004.
......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
Original Application No. 666 of 2024
Pilla Venkata Rao, S/o Pilla Rama Rao, aged about 60 years, resident of
Door No. 49-39-6(5), Sai Kutir Apartment, NGGOs Colony, P.O
Akkyyapalem, P.S Towan Police Station, Tehsil and Distt.
Vishakhapatnam, Andhra Pradesh - 530001 and retired Sr. Travelling
Inspector, SECR, Bilaspur. .......Applicant
Advocate for the applicant: Shri Dilip Kumar Swain
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V E R S U S
1. Union of India through the General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
2. The Secretary, Ministry of Railways, Rail Bhawan, 1, Raisina Road,
New Delhi - 110001.
3. Principal Financial Advisor, Admn & Pension, South East
Central Railways, Bilaspur Division, Bilaspur, C.G-
495004. ......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
Original Application No. 667 of 2024
Subramaniam Punchap Keshav, S/o Late S.V.S. Mani, aged about 60
years, resident of 113, near Cement Factory, Shivaji Marg, Tikrapara,
Bilaspur, Chhattisgarh - 495004 and retired Accounts Assistant, SECR,
Bilaspur, CG. .......Applicant
Advocate for the applicant: Shri Dilip Kumar Swain
V E R S U S
1. Union of India through the General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
2. The Secretary, Ministry of Railways, Rail Bhawan, 1, Raisina Road,
New Delhi - 110001.
3. Principal Financial Advisor, Admn & Pension, South East
Central Railways, Bilaspur Division, Bilaspur, C.G-
495004. ......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
Original Application No. 668 of 2024
Akundi Srinivas, S/o A. Venkata Rao, aged about 60 years, resident of
Flat No. 306, Sanjay Parishar, R/1, Vinobha Nagar, P.S. Tarbahar Police
Station, P.O Head Post Office, Tehsil and Distt. Bilaspur, Chhattisgarh -
495001 and retired Accounts Assistant, SECR, Bilaspur.
.......Applicant
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Advocate for the applicant: Shri Dilip Kumar Swain
V E R S U S
1. Union of India through the General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
2. The Secretary, Ministry of Railways, Rail Bhawan, 1, Raisina Road,
New Delhi - 110001.
3. Principal Financial Advisor, Admn & Pension, South East
Central Railways, Bilaspur Division, Bilaspur, C.G-
495004. ......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
Original Application No. 1217 of 2024
1. Chowaram, S/o Chain Das, aged about 67 years, retired as
CSM/SECR/R, R/o Village - Bhodha, Post - Hathband, Tehsil -
Simga, Distt. Balodabazar, Bhatapara, Chhattisgarh - 493113.
2. Mohammad Mustakeen, S/o Nazir Bux, aged about 69 years,
retired as Passenger Loco Pilot, R/o, 00 Panchseel Nagar West,
Charoda, Bhilai, Distt. Durg, Chhattisgarh - 490025.
3. Dusi Venket Apala Narsimharao, S/o D.S.R. Murti, aged about 61
years, retired as Mail/Express Train Manager, R/o A/63, Ward No.
16, Sikola Bhata, Karmchari Nagar, Durg, Distt. Durg,
Chhattisgarh - 491001.
4. Mohammad Sharif, S/o Mohammad Jumrati, aged about 66 years,
retired as Sr. Guard/SECR, R/o Qtr. No. 5/D, Street No. 1/A,
Sector-8, Bhilai, P.O Bhilai West, Distt. Durg, Chhattisgarh-
490009.
5. Sanjay Kumar Mankar, S/o Late Sita Ram Mankar, aged about 60
years, retired as Mail/Express Train Manager, R/o near
Mahamaya Apartment, Panchsheel Nagar East, Charoda, Bhilai,
Distt. Durg (CG) 490025.
6. Md. Hasim, S/o Mohammad Kasim, aged about 66 years, retired
as Sr. Technician (TRS)/SECR, R/o 199, Panchsheel Nagar, West,
BMY, Ward No. 17, Charoda, Bhilai, Distt. Durg, Chhattisgarh -
490025.
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7. T. Shrinivas Rao, S/o Late T.V. Rao, aged about 63 years, retired
as Sr. Passenger, Gaur, R/o Pradum Nagar, Ward No. 17, BMY,
Charoda, Bhilai,3, Distt. Durg (CG) - 490025.
8. Santosh Kumar Gupta, S/o Jagannath Gupta, aged about 64
years, retired as Sr. Goods Guard / SECR, R/o Anna Chowk Gali,
Naya Talab, Raipur, Distt. Raipur, Chhattisgarh - 492011.
9. Hari Shankar Singh Chouhan, S/o Heera Singh Chouhan, aged
about 61 years, retired as Mail/Express Train Manager/SECR, R/o
House No. 5, Ward No. 28, Swastik Homes, near Narsaraha Deepo,
Sohagpur, Shahdol, Madhya Pradesh - 484001.
10. Sheikh Shahid, S/o Mohammad Ishaque, aged about 61 years,
retired as Chief OS/SECR, R/o Ward No. 11, Niche Tola, Village -
Chandaniya, Post - Amiliha, Chandaniya Badi, Shahdol, Madhya
Pradesh - 484001. .......Applicants
Advocate for the applicants: Shri A.V. Shridhar
V E R S U S
1. Union of India through the General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
2. Principal Chief Personnel Officer, South East Central
Railways, Bilaspur, C.G- 495004.
......Respondents
Advocate for the respondents: Shri Bhupendra Pandey
Original Application No. 1224 of 2024
Abdul Jabbar, S/o Abdul Gaffar, aged about 66 years, retired as Sr.
Technician, R/o Sanjay Nagar, Sailani Nagar, Tikrapara, Raipur, Distt.
Raipur (CG) 493890. .......Applicant
Advocate for the applicant: Shri A.V. Shridhar
V E R S U S
1. Union of India through the General Manaager, South East
Central Railways, New G.M. Building, Bilaspur,
Chhattisgarh - 495004.
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2. Principal Chief Personnel Officer, South East Central Railways,
Bilaspur, C.G- 495004 .
3. Divisional Railway Manager, South East Central Railway,
DRM Office, Raipur Division, Distt. Raipur, C.G- 492001.
......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
AND
Original Application No. 24 of 2025
1. Himmat Lal Todar, S/o Late Shankar Lal Todar, Aged about 64
years, R/o House No. 254, near Mahindra Showroom, Devpuri,
Raipur (CG) 492015.
2. Amritlal Todar, S/o Late Shyamlal Todar, aged about 65 years, R/o
House No. 255/K, Devpuri, Raipur - 492015.
3. Khemchand Sahu, S/o Late Mahadev Sahu, Aged about 66 years,
R/o House No. 7/318, Danvir Bhamasha Ward No. 11, Gudhiyari
Raipur (CG) - 492009.
4. Jay Bahadur, S/o Late Padam Bahadur, Aged about 61 years, R/o
Veer Shivaji Nagar, Ward No. 7, Sector 4, Shivanand Nagar,
Raipur, Distt. Raipur (CG)492008.
5. E.D. Seshagiri Rao, S/o E.V. Satyanarayana, aged about 70 years,
R/o Plot No. 38, Sector-1, Shivanand Nagar, Khamtarai, Raipur,
District- Raipur (CG) - 492008.
6. Suraj, S/o Late Hirderam 301, Aged about 67 years, R/o Ward No.
13, Bhainsbod, Bhainsbor, Balod, Distt. Balod (CG) - 491226.
7. Ramcharan, S/o Ram, Aged about 65 years, R/o House No. 231,
Ward No. 13, Bhainsbod, Bhainsbor, Balod, Distt. Balod (CG) -
491226.
8. Katharam, S/o Hirderam, aged about 71 years, R/o House No.
301, Ward No. 12, Bhainsbod, Balod, Distt. Balod (CG) - 491226.
.......Applicants
Advocate for the applicants: Smt. Smita Jha
V E R S U S
1. Union of India through the Secretary, Ministry of Railways,
Railway Offices Complex, Tilak Bridge, New Delhi - 110002.
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2. South East Central Railways through its General
Manaager, Headquarters, Distt. Bilaspur, Chhattisgarh -
495004.
3. Chief Personnel Officer, South East Central Railways,
Distt. Bilaspur, C.G- 495004.
4. Senior Divisional Personnel Officer, South East Central
Railways, Raipur, District - Raipur (CG) 492001.
5. Assistantn Personnel Officer, South East Central Railways,
Raipur, Distt. Raipur (CG) 492001.
......Respondents
Advocate for the respondents: Shri Rama Kant Mishra
ORDER
By Akhil Kumar Srivastava, JM.-
The only question that arises for consideration is as to whether an employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year, as the case may be.
2. Since the issue involved in all these Original Applications is common in nature, they are being decided by way of a common order.
3. While the applicants in some of the cases have retired on 30th June, others retired on 31st December. They are aggrieved that they have not been granted the benefit of increment, which was otherwise due to them, only on the ground that by the time the increment became due, they were not in service.
4. Learned counsel for the applicants have relied upon the decision of Hon'ble Supreme Court in case of Director (Admn, and HR) KPTCK and ANAND 2025.07.24 PRAKASH 10:04:10 Page 11 of 17 DUBEY +05'30' 12 Ors. Vs C.P. Mundinamani & ors. bearing Civil Appeal No.2471 of 2023, decided on 11.04.2023 [2023 SCC Online SC 401] wherein the Hon'ble Supreme Court has held as under:-
"In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of the service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as costs."
[Emphasis supplied]
5. From perusal of the aforesaid judgment, it is clear that appellants have been directed to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently. However, in the said judgment, Review Application (Dy. No.36418 of 2024) has been preferred by the Union of India before Hon'ble Supreme Court on 12.08.2024 and Their Lordship on 18.12.2024 has dismissed the said RA.
6. Even in the case of Union of India & Anr. Vs. M. Siddaraj [Special Leave Petition (C) No.4722/2021] and relied upon by learned counsel for the applicant, Misc. Application No.2400/2024 has been filed before Hon'ble Supreme Court seeking clarification regarding modalities to be adopted while implementing its order dated 06.09.2024. While observing that the issue raised in the applications requires consideration ANAND 2025.07.24 PRAKASH 10:04:10 Page 12 of 17 DUBEY +05'30' 13 insofar as the date of applicability of judgment dated 11.04.2023 in C.A. No.2471/2023 Union of India Vs. Siddaraj (supra) to third parties is concerned. Their Lordships issued following directions, by way of an interim order dated 06.09.2024, 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 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 an 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 this Court. However, no person who has already received an enhanced pension including arrears, will be affected by directions in (a), (c) and (d)."
Emphasis supplied]
7. In furtherance to order dated 06.09.2024 passed in a Misc. Application No.2400/2024 before Hon'ble Supreme Court seeking clarification/guidance regarding modalities to be adopted while ANAND 2025.07.24 PRAKASH 10:04:10 Page 13 of 17 DUBEY +05'30' 14 implementing its order dated 19.05.2023 passed in SLP(C) No.4722/2021 (Union of India Vs. M.Siddaraj), DOPT has issued OM No.19/116/2024-Pers.Pol.(Pay(Pt.) dated 14.10.2024 wherein on the subject "Grant of notional increment on 1st July/1st January to the employees who retired from Central Govt. service on 30th June/31st December respectively for the purpose of calculating their pensionary benefits-regarding", relevant portion whereof reads as under:-
"5. Subsequently, Hon'ble Supreme Court vide Order dated 19.05.2023 dismissed SLP(C) No.4722/2021(Uol Vs M.Siddaraj) filed by M/o Railways on the subject matter with the observation that the appeals filed therein are squarely covered by the Order dated 11.04.2023 in CA No.2471 of 2023.M/o Railways filed a Miscellaneous Application (MA No.2400/2024) before the Hon'ble Supreme Court seeking guidance/ clarification regarding the modalities to be adopted while implementing its Order dated 19.05.2023.On 22.07.2024, while hearing the matter, Supreme Court ordered that the learned counsel for the Union of India shall examine as to whether Union of India needs to file an application in CA No.2471/2023 disposed of vide judgment dated 11.04.2023.After due legal consultations on the directions of the Apex Court, this Department filed a Petition (Dy.No.36418/2024) before Supreme Court on 12.08.2024 seeking review of its Order dated 11.04.2023 which is pending before the Hon'ble Supreme Court.
6. Meanwhile, on 06.09.2024, while hearing MA No.2400/2024 filed by M/o Railways along with several Intervention Applications tagged therewith, Hon'ble Supreme Court took note of the pending Petition (Dy.No.36418/2024) 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 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 ANAND 2025.07.24 PRAKASH 10:04:10 Page 14 of 17 DUBEY +05'30' 15 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 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).
Relist in the week commencing 04.11.2024."
7. The matter has been examined in consultation with D/o Expenditure and D/o Legal Affairs. It is advised that in pursuance of the Order dated 06.09.2024 of the Hon'ble Supreme Court referred above, 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 equisite qualifying service a on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. As specifically mentioned in the Orders of the Hon'ble Supreme Court, grant of notional increment on 1st January and 1st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits.
8. It may also be noted that these instructions are being issued in compliance of Interim Orders dated 06.09.2024 of the Hon'ble Supreme Court in MA Dy. No.2400/2024 without prejudice to the legal stand of the Union of India in the matter and without ANAND 2025.07.24 PRAKASH 10:04:10 Page 15 of 17 DUBEY +05'30' 16 prejudice to any change of law in this regard. Further, the action taken shall be subject to the final outcome of the Review Petition (Dy. No.36418/2024) pending before the Hon'ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024."
8. In view of above OM dated 14.10.2024, issued for compliance of Order dated 06.09.2024 of Hon'ble Supreme. M.A. vide Dy. No.2400/2024 in SLP (C) No.4722/2021 in Union of India Vs. M. Siddaraj has been dismissed on 20.02.2025. We are of the considered opinion, now there is no impediment to grant relief prayed subject to verification of factual aspects from the service record and eligibility.
9. For the reasons stated hereinabove, the present case is squarely covered by Hon'ble Supreme Court judgment in case of Director (Admn. & HR) KPTCL (supra) and Union of India Vs. M. Siddaraj (supra), the respondents are directed to consider the case of the applicants and pass appropriate order for grant of benefit of annual notional increment which was to be added w.e.f. 1st July or 1st January of the next year, as the applicants stood retired on 30th June or 31st December, as the case may be, and in case the applicants are found eligible for grant of such annual increment. The respondents are directed to do needful and grant one annual notional increment to the applicants within a period of 90 days from date of receipt of certified copy of order.
10. Consequently, the respondents are further directed to re-fix the applicants' pension. The enhanced pension shall be payable from ANAND 2025.07.24 PRAKASH 10:04:10 Page 16 of 17 DUBEY +05'30' 17 01.05.2023 and no enhanced pension for period prior to 30.04.2023 shall be paid.
11. With above observations indicated in above terms, all OAs stand disposed of. No order as to costs.
12. Miscellaneous Application(s), if any, pending shall also stand disposed of.
13. The registry is directed to place a copy of this order in connected OAs also.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
Anand...
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