Central Administrative Tribunal - Delhi
Vijay Kumar vs Defence on 20 March, 2025
(OA No.1001/2025)
(1)
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.1001/2025
MA No.1165/2025
This the 20th day of March, 2025
Hon'ble Mr. Sanjeeva Kumar, Member (A)
1. Vijay Kumar
AFV, Mech GD-I, P.No.523
Resident of H.No.RZ F-775, 17A
Raj Nagar, Part II, Gali No.15
Palam Colony, New Delhi-110077.
2. Joginder Kumar
FA Elect-I P.No.1416
Resident of H.No.WZ-72/73A
Gali No.03, Mohan Nagar
Pankha Road, New Delhi-110046.
3. Brij Kishore Tyagi
Foreman, P.No.6967501
Resident of Burari, Near Prachine
Khandeswar Mandir, New Delhi-110084.
4. Vijay Kumar
Chargeman (R), P.No.29371,
Resident of H.No.5B, Gali No.30
Indra Park, Palam Village,
New Delhi-110045.
5. Nawal Singh,
FA Elect HS-I, P.No.1616
Resident of H.No.RZ-9A
Ashok Park, West Sagarpur
New Delhi-110046. ...Applicants
(By Advocate : Mr.Ravi Kumar)
VERSUS
1. Union of India, through
The Secretary, Ministry of Defence
Room No.101 A, DHQ PO,
South Block, New Delhi-110011.
2. Chief of Army Staff
Integrated HQ of MoD (Army)
(OA No.1001/2025)
(2)
West Block III, R.K.Puram
New Delhi-110066.
3. The Commandant
Central Ordnance Depot
Jessore Cir, Kirby Place
Delhi Cantonment,
New Delhi-110010. ...Respondents
(By Advocate : Mr. B.N.P.Pathak)
O R D E R (ORAL)
MA No.1165/2025 filed under Rule 4 (5) of the CAT (Procedure) Rules, 1987 for joining together is allowed for the reasons stated therein.
2. In the instant OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have sought the following relief(s):-
"(a) To direct the Respondents to grant an annual increment on the basic pay of the Applicants as on completion of service and fix their service pension according to the increased basic pay.
(b) To direct the respondents to give arrears to the Applicants along with interest @12% per annum, from the date of release from service, i.e. 30 Jun 2021, in respect of applicant no. 1, 2 & 5, 30 Jun 2020, in respect of applicant no. 3, and 30 Jun 2018, in respect of applicant no. 4.
(c) To direct the respondents to fix pension of the applicants considering their increased basic pay after adding one notional annual increment on pay and issue fresh/corrigendum PPO accordingly.
(d) To pass any other order or direction in favour of Applicants which this Hon'ble CAT (PB) deemed just and proper under the facts and circumstances of this case in the interest of justice."
(OA No.1001/2025) (3)
3. The facts of the case, in brief, as indicated in the OA is that Applicant No.1 joined the Army Ordinance Corps (AOC) on 01 May 1980, Applicant No.2 joined the AOC on 06 September, 1983, Applicant No.3 joined the AOC on 20 May 1983, Applicant No. 4 joined the AOC on 16 July 1979 and applicant No.5, joined the AOC on 02 November 1982 and retired from service on 30th June 2021, 30th June 2021, 30th June 2020, 30th June 2018 and 30th June 2021 respectively. All the applicants have served in COD Delhi Cantt and granted service pension accordingly.
4. It is submitted that Applicant Nos.1, 2 and 5 were given last increment on 1st July, 2020 and their next increment was due on 1st July 2021 which was not given to them only because they retired from service on 30th June 2021. Applicant No.3 was given last increment on 1st July, 2019 and his next increment was due on 1st July 2020 which was not given to him only because he retired from service on 30th June 2020. Applicant No.4 was given last increment on 1st July, 2017 and his next increment was due on 1st July 2018 which was not given to him only because he retired from service on 30th June 2018.
5. It is further submitted that annual increments on monthly payment to the applicants have been granted on 1st July of every year, after implementation of Sixth Pay Commission. However, the applicants were not granted the (OA No.1001/2025) (4) last annual increment and released from service without granting last increment which they were entitled for. The applicants submitted representation/legal notice dated 2nd September 2024 for grant of notional increment. However, the request of applicants has not been replied by the respondents and thereby their request has been rejected.
6. The applicants have placed reliance an order dated 15th September, 2017 passed by Hon'ble Madras High Court in WP(C) No. 15732 of 2017 filed by P Ayyamperumal vs. Registrar against order dated 21 March, 2017 passed by this Tribunal in OA No.310/00917/2015 wherein the Hon'ble High Court of Madras had allowed the plea of the petitioner and inter alia held that the date of increment of a Govt servant falls due on the day following superannuation on completion of one year of service, such service may be considered for the benefit of notional increment purely for the purpose of pensionary benefit and not for any other purpose. The order of the High Court was also upheld by the Apex Court vide order dated 23 July, 2018. In the other similar matter in WP No. 10509 of 2019 titled as Gopal Singh Vs Uol & Ors, the Hon'ble High Court of Delhi has allowed the plea of the petitioner and held the following:-
"A direction is issued to the respondent to grant notional increment to the Petitioner with effect from 1 July 2019. The Petitioner's pension will consequently be re-fixed. The appropriate orders will be issued and (OA No.1001/2025) (5) arrears of the pension will be paid to the petitioner within a period of 6 weeks, failing which the respondent would be liable to simple interest at 6% per annum on the arrears of period of delay."
7. The applicants have also placed reliance an order of the Hon'ble High Court of Delhi in its decision dated 13th January 2020 in WP(C) 5539/2019 titled as Arun Chhibber Vs Union of India has discussed the judgment passed in P Ayyamperumal (supra) at some length in the context of the prayer of an officer of the Central Reserve Police Force (CRPF) who had retired on 30th June 2007 for notional increment. The court rejected the contention of the respondents therein that the judgment in P Ayyamperumal (supra) had to be treated as one that was in personam and not to distinguish the applicability of the judgment to CRPF personal.
8. The applicants have placed reliance upon a judgment of Hon'ble Supreme Court vide order dated 31st October, 2022 passed in Civil Appeal Diary No. 28107/2022 titled as Uol & Ors Vs No. 671534-K Ex HFL Sarvesh Kumar wherein the Supreme Court has rejected the appeal filed by the Union of India against the decision of Hon'ble AFT (RB) Lucknow for grant of notional increment and lastly the controversy has been settled and matter attains finality.
(OA No.1001/2025) (6)
9. The applicants also submit that in view of aforesaid judgments the applicants are also eligible for grant of notional increments on salary as they also satisfying the similar criteria. Hence, the applicants be granted same relief as per Article 14 of our Constitution, who condemns discrimination not only by a substantive law but also by a law of procedure. The article also contains that all persons similarly circumstances shall be treated like both in privileged conferred and liabilities imposed (SD Nakara case).
10. To buttress the claim of the applicants, learned counsel for the applicants has relied upon the decision of Hon'ble Supreme Court in case of Director (Admn, and HR) KPTCK and Ors. Vs C.P. Mundinamani & ors. bearing Civil Appeal No.2471 of 2023, decided on 11.04.2023 [2023 SCC Online SC 401] wherein Their Lordships 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."
(OA No.1001/2025) (7) [Emphasis supplied]
11. 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.
12. 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 applicants, 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 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:-
(OA No.1001/2025) (8) "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]
13. In furtherance to Order dated 06.09.2024 passed in a Misc. Application, MA No.2400/2024 before Hon'ble Supreme Court seeking clarification/guidance regarding modalities to be adopted while implementing its Order dated 19.05.2023 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 (OA No.1001/2025) (9) 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:
(OA No.1001/2025) (10) 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, 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 (OA No.1001/2025) (11) 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 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."
[Emphasis supplied]
14. Now the nodal Ministry i.e. Ministry of Personnel, Public Grievances & Pensions with concurrence of Department of Expenditure and Legal Affairs issued instructions vide OM dated 14.10.2024, extracted hereinabove. In view of OM dated 14.10.2024, issued for compliance of Order dated 06.09.2024 of Hon'ble Supreme Court in MA Dy. No.2400/2024, I am 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.
CONCLUSION
15. For the reasons stated hereinabove, the issue is decided in favour of the applicants and against the (OA No.1001/2025) (12) respondents. 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, 2021, 2020 & 2018 as the applicants stood retired on 30th June, 2021, 2020 & 2018, 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 three months from date of receipt of certified copy of Order passed today.
16. Consequently, the respondents are further directed to re-fix the applicants' pension. The enhanced pension shall be payable from 01.05.2023 and no enhanced pension for period prior to 30.04.2023 shall be paid.
17. With above observations indicated in above terms, OA stands allowed and disposed of at admission stage itself.
18. There shall be no order as to costs.
( Sanjeeva Kumar ) Member (A) /kdr/