Central Administrative Tribunal - Mumbai
Mahendrakumar Eknath Adkane vs Department Of Posts on 21 June, 2025
1 OA No.682/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.682/2024
Date of Decision: 21.06.2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
1. Shri. Mahendrakumkar Eknath Adkane
Age - 62 years Retd Sub Postmaster (Amravati Division)
Residing at Ghanshyam Nagar Gunwant Wadi
Amravati - 444604
Mobile No.9145444084.
2. Shri Haribhau V. Khapre
Age 64 years Retd Postal Assistant (Amravati Division)
Residing At MIG - 1 Mhada Colony
Rampuri Camp Vilas Nagar Road
Amravati - 444603
3. Shri. Ashok K. Wankhade
Age - 64 years Retd Postal Assistant (Amravati Division)
Residing at 51 Baraskar Nagar Shegaon-Rahatgaon Road
Amravati - 444604
4. Shri. Dashrath D. Channao
Age 64 years Retd Mail Overseer (Amravati Division)
Residing at Talegaon Dasasar Tal - Dhamangaon Rly
Dist - Amravati - 444710
5. Shri. Vishwanath V. Gawal
Age - 73 years Retd Cash Overseer (Amravati Division)
Residing at Jewad Nagar Chhatri Talao Road
Amravati - 444606.
6. Shri. R. S. Tayde
Age 71 years Retd Postman (Amravati Division)
Residing at Yeshodannnagar No 2 Galli No 4
Deepti Ganesh Munarshi
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Amravati 444606.
Date: 2025.06.24 12:36:48+05'30'
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2 OA No.682/2024
7. Shri. M.D. Tirmare
Age - 73 years Retd Mail Overseer (Amravati Division)
Residing at Galli No 2, Uttam NagarAmravati 444606.
8. Shri Janardan M. Urkade
Age-75 years Retd Sub Postmaster (Amravati Division)
Residing at Lane No 4 Yashoda Nagar No 2, Amravati.
9. Smt Sandhya V. Bind
Age - 70 years Retd Postal Assistant (Amravati Division)
Residing at 802 Mulberry Building,
Nyati Environ Society Lane No 5, Tingre Nagar
Pune 411015.
10. Shri. Wasudeo N Darokar
Age-74 Years Retd SPM (Amravati Division)
Residing at Postman Colony, Bypass Road Amravati.
11. Shri. Prakash Nagorao Banait
AGE 69 years Retd MTS (Amravati Division)
Residing at Yawali Shahid Pin 444915
Dist. Amravati.
12. Shri. Digambar A. Vaidya
Age-74 years Retd Postman (Amravati Division)
Residing at Wadgaon Mahore Via Amravati Camp 444602.
13. Shri Onkar Ganuji Gosavi
Age-74 years Retd Postal Assistant (Amravati Division)
Residing at Near Santoshi Mata Mandir Belpura ,
Amravati 444606.
14. Shri. Mahadeo Raibhanji Wankhade
Age-70 years Retd Postal Assistant (Akola Division)
Residing at Tathanagar Shivani Akola 444104.
15. Shri. Dnyandeo Narayanrao Patale
Age-69 years Retd APM (Akola Division)
Residing at Bharti Plot, Shivnagar, Balapur Road
Digitally signed by Deepti Ganesh Munarshi
Akola 444002.
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
Deepti Ganesh Munarshi
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
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3 OA No.682/2024
16. Shri. Bandu Uttamrao Chavan
Age-66 years Retd MTS (Akola Division)
Residing at Dahigaon (Gawande) Tal-Dist. Akola 444102.
17. Shri. Kailas Rambhau Bunde
Age-63 years Retd Postal Asst (Akola Division)
Residing at Chohotta Bazar Tal Akot.
18. Shri. Namdeorao Bhagwanrao Bhagat
Age-70 years Retd Dy PM (Akola Division)
Residing at Sambhaji Nagar Shivaji College Road
Akola 444002.
19. Shri. Vilas Purushottam Tirkande
Age-69 years Retd APM (Akola Division)
Residing at Karanja Dist. Washim
20. Shri. Amrita Dashrath Dabhade
Age-69 years Retd SPM (Akola Division)
Residing at Bhimai Chowk, Gajanan Nagar Dabki Road
Akola 444002.
21. Shri. Janrao Tukaram Lomte
Age-70 years Retd MTS (Akola Division)
Residing at Gajanan Nagar Galli NO 3, Dabki Road
Akola 444002.
22. Shri. Shankar Meghoji Gopnarayan
Age-74 years Retd SPM (Akola Division)
Residing at Gajanan Nagar Dabki Road
Akola 444002. ... Applicants
(By Advocate Shri Hamid Patel)
Versus
1. The Union of India through
The Secretary, Department
of Posts Dak Bhawan, Sansad Marg,
Digitally signed by Deepti Ganesh Munarshi
New Delhi-110001.
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
Deepti Ganesh Munarshi
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.06.24 12:36:48+05'30'
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4 OA No.682/2024
2. The Chief Postmaster General
Maharashtra Circle, Mumbai 400001.
3. The Postmaster General
Nagpur Region, Nagpur-440010.
4. The Sr. Superintendent of Post Offices
Amravati Division, Amravati -444602.
5. The Sr. Superintendent of Post Offices
Akola Division Akola -444001. ... Respondents
(By Advocate Shri D.A. Dube)
(ORAL) ORDER
Per : Mr. Shri Krishna, Member (A)
By Consent of learned counsels for both the sides, the matter was taken up for final hearing as issue involved in the present OA is finally settled 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 of 2023 dated 11.04.2023 and in the case of Union of India & Anr. Versus M. Siddaraj, MA Diary No.2400/2024 in Civil Appeal No.3933/2023 dated 20.02.2025 and the same has been implemented by the DoPT by way of OM dated 20.05.2025.
2. MA No.669/2024 has been filed by the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= applicants seeking permission to file the OA 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 4 of 16 5 OA No.682/2024 jointly. Since there is common cause of action and for the reasons stated therein in the MA, the same is allowed.
3. The applicants have filed MA No.670/2024 in OA No.682/2024 for condonation of delay. It has been submitted that the applicants have retired on 30th June of different years and notional increment was due to them on 01st July of different years. However, the same was not granted to the applicants. They submit 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., reported in 2023 SCC Online SC 401. Therefore, the applicants are entitled for the relief. They submit that the DoPT has issued OM dated 14.10.2024 to implement the judgment of the Hon'ble Supreme Court. They submit that the pension is a continuous cause of action and, therefore, the MA for condonation of delay should be allowed.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 5 of 16 6 OA No.682/2024
4. On notice, the respondents have filed reply to MA seeking condonation of delay. They submitted that some of the applicants were retired in the year 2008. After long delay of 15 years, the applicants cannot approach this Tribunal for any relief. They have relied on the judgment of the Hon'ble Apex Court in the case of Union of India Vs. Harnam Singh, 1993 (2) SCC Page 162 wherein it has been held that 'the law of limitation may operate harshly but it has to be applied with all its rigour and the Courts or Tribunals cannot come to aid of those who sleep over their rights and allow the period of limitation to expire'. Therefore, this OA is barred by law of limitation and on this ground itself, the OA is liable to be dismissed.
5. We have considered the submissions of the learned counsels for the parties. We find that pension is a continuous and recurring cause of action and the applicants are claiming relief on the basis of the judgment of Hon'ble Supreme Court Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 6 of 16 7 OA No.682/2024 in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors (supra). Therefore, we are of the view that MA deserves to be allowed and is, accordingly, allowed.
6. The applicants have retired on superannuation on 30.06.2021, 30.06.2019, 30.06.2018, 30.06.2018, 30.06.2011, 30.06.2012, 30.06.2010, 30.06.2008, 30.06.2014, 30.06.2009, 30.06.2014, 30.06.2009, 30.06.2014, 30.06.2013, 30.06.2014, 30.06.2017, 30.06.2020, 30.06.2013, 30.06.2014, 30.06.2008, 30.06.2013 & 30.06.2010 respectively. They are claiming annual increment which they claim were due to them on 01.07.2021, 01.07.2019, 01.07.2018, 01.07.2018, 01.07.2011, 01.07.2012, 01.07.2010, 01.07.2008, 01.07.2014, 01.07.2009, 01.07.2014, 01.07.2009, 01.07.2014, 01.07.2013, 01.07.2014, 01.07.2017, 01.07.2020, 01.07.2013, 01.07.2014, 01.07.2008, 01.07.2013 & 01.07.2010 respectively. The applicants made their representations to the respondents on different dates which have been rejected by the respondents Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 7 of 16 8 OA No.682/2024 vide impugned orders (Annexure A-1 to Annexure A-
22). Hence, this OA.
7. The respondents have filed reply to the OA. They have stated therein that the rule governing grant of annual increment on completion of one year service is applicable in respect of serving employees and there is no mention to consider notional increment to retired employee after the date of retirement. The action taken by the respondents in respect of rejection of their applications was correct and as per rules and no questions arise about violation of Article 14 and 16 of the Constitution of India. They submit that the OA is devoid of any merit and is liable to be dismissed.
8. Learned counsel for the applicant has placed reliance on the decision of the 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 order of Hon'ble High Court of Madras was Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
upheld and SLP was dismissed. He has also placed Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 8 of 16 9 OA No.682/2024 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. (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.
9. Further, it is submitted that MA Diary No.2400/2024 in Civil Appeal No.3933/2023 in the case of Union of India & Anr. Versus M. Siddaraj has already decided on 20th February, 2025 by the Hon'ble Supreme Court.
10. We have considered the submission of learned counsels for the parties.
11. 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 Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
in CA No.2471/2023 in the matter. While observing Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 9 of 16 10 OA No.682/2024 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 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."
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi This interim order will continue till further Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 10 of 16 11 OA No.682/2024 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).
12. 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. Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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13. Thereafter, MA Diary No.2400/2024 in Civil Appeal No.3933/2023 in the case of Union of India & Anr. Versus M. Siddaraj was finally decided by the Hon'ble Supreme Court vide its order dated 20.02.2025. The observations of Hon'ble Supreme Court are as under:
".....We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:
"(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, 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."
We are inclined to dispose of the present Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 12 of 16 13 OA No.682/2024 We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:
"(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed."
Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in "Union of India & Anr. v. M. Siddaraj, as in such cases, clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are disposed of.
We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.
It will be open to any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.
Pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order.
Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023, 11336/2024 and 20636/2024 In view of the order passed today in the connected Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 13 of 16 14 OA No.682/2024 matters, that is, M.A. Diary No. 2400 OF 2024 and other connected applications, the present contempt petitions will be treated as disposed of with liberty to the petitioners to take recourse to appropriate remedies, if required and necessary, as indicated supra. It goes without saying that the respondents shall examine the cases of the petitioners/ applicants in terms of the order passed today and comply with the same expeditiously.
Pending application(s), if any, shall stand disposed of."
14. Subsequently, the DoPT has issued another OM No.19/116/2024-Pers.Pol.(Pay) (Pt) dated 20.05.2025. It will be useful to extract herein below the relevant paras of the above OM:
2. Hon'ble Supreme Court, vide Order dated 18.12.2024, had dismissed the Review Petition (Dy No. 36418/2024) filed by this Department with the observation that there is no error apparent on the face of the record, warranting reconsideration of the order impugned.
3. Hon'ble Supreme Court has subsequently disposed of MA No.2400/2024 filed by M/o Railways and other petitions vide Order dated 20.02.2025 while issuing the following final directions in the matter:
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 Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document judicata, and accordingly, an enhanced pension by taking one increment would have to be paid;
Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 14 of 16 15 OA No.682/2024 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 filed an application for intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Courts/Supreme Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ petition/original application was filed.
4. The Hon'ble Supreme Court has decided that the direction referred at Para 3(d) above will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/Supreme Court after the judgment in "Union of India & Anr. Vs M. Siddaraj", as in such cases directions referred in Para 3(a) will apply.
5. In addition, Hon'ble Supreme Court has clarified that in case any excess payment has already been made, including arrears, such amount paid will not be recovered. Court has decided that pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order.
6. The matter has been examined in consultation with D/o Expenditure and D/o Legal Affairs. It is advised that in pursuance of the above referred Order dated 20.02.2025 of the Hon'ble Supreme Court, 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. As specifically mentioned in the orders of the Hon'ble Supreme Court, grant of the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 15 of 16 16 OA No.682/2024 notional increment on 1st January / 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.
7. This issues with the concurrence of D/o Expenditure vide their Dy. No. 08-09/2019-E.IIIA(Vol.III) (4265134) dated 29.04.2025 and D/o Legal Affairs vide Computer Dy. No. E-
144903 dated 17.03.2025."
(Emphasis supplied)
15. Taking into consideration the aforesaid position, the OA is disposed of with a direction to the respondents to grant one notional increment to the applicants w.e.f 01st July, 2023 within a period of 90 days from the date of receipt of a certified copy of this order in terms of para 6 of the DoPT OM dated 20.05.2025 mentioned above. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
dm.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= Deepti Ganesh Munarshi 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.06.24 12:36:48+05'30' Foxit PDF Reader Version: 2024.3.0 Page 16 of 16