Central Administrative Tribunal - Mumbai
Dr Basavaraj Shivappa Kademani vs Department Of Personnel And Training on 10 June, 2025
1 OA No.1083/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.1083/2024
Date of Decision : 10th June, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
1. Dr. Basavaraj Shivappa Kademani
Residing at Amrante CHS, Flat No.5/1604
Sector 9E, Kalamboli, Navi Mumbai,
410 218, age 66.
2. Dr. Chilukuri Srinivas
Residing at B6/1, Kendriya Vihar,
Sector 11, Kharghar, 410 210, Age 69.
3. R.P. Raju
Residing at B6/3, Kendriya Vihar,
Sector - 11, Kharghar, Navi Mumbai,
Maharashtra 410 210, Age 68.
4. Ramgopal S. Mundada
Residing at Flat 4C, Shaktipunj CHS,
Plot 12, Sector 4, Kharghar,
Navi Mumbai - 410 210, Age 67.
5. Govind Mahajan
Residing at 702 Kshitij. N. B. Patil Marg,
Chembur Mumbai 400071 Maharashtra
Age 74
6. Anil Bajpai
Residing at C1601, Michelangelo,
Lodha Priva Complex, Majiwada, Thane,
Mumbai Age 66.
7. M.R. Hardiya
Residing at 2101, Vashundhara Heights,
Sanpada, Sector 11, Navi Mumbai - 400 705
Age 73.
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=
Milan Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:57:02+05'30'
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2 OA No.1083/2024
8. Dr. Kartik Patel residing at 21,
Madhuri CHS, Plot 27, Sector 12,
Kharghar, Navi Mumbai 410 210, Age 68.
9. Fredric Lall
Residing at 2102, Nidhaan Clover B,
Old Ankur Theatre, Govandi Station Road,
Govandi - East, Mumbai - 400 088, Age 70.
10. Sushil Kumar Garai
Residing at A-1601,
Gahlot Majesty & Avenue CHS Ltd,
Plot No.3A, Sector - 46A, Seawoods West,
Nerul Navi Mumbai - 400 706, Age 67.
11. Dr. Alok Saxena
Residing at C102, Mahavir Sadhana,
Plot 18, EFG, Sector 14,
Sanpada, Navi Mumbai - 400 705 Age 66.
12. Dr. Devanand P. Fulzele
Residing at A-302, Raj Tower,
Zingabai Takli, Godhani Road,
Nagpur - 440 030, Age 66.
13. Yanamandra Satya Prasad
Residing at C/O G. Durga Das,
Flat No:E-1302, Goodwill Paradise,
Sector:15, Kharghar,
Navi Mumbai - 410 210, Maharashtra Age 68,
14. Chandrabhan Shreenath Yadav
Residing at 104-A,
Neelyog Anand CHS, R B Road,
Laxminagar, Ghatkhoper (E)
Mumbai, 400075, Age 69
15. Ulhas Murlidhar Kasar
Residing at Kusumkunj,
Near Gandhi Chowk, MIDC Rd,
Badlapur (E), District: Thane,
421503 Maharashtra, Age 67
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=
Milan Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:57:02+05'30'
Foxit PDF Reader Version: 2024.4.0
3 OA No.1083/2024
16. Dr. Anandatirth Vishnu Kulkarni
Residing at West Winds CHSL,
7th Floor, Flat No.7, Plot No.112,
Sector 50E, Seawoods, Nerul West,
Navi Mumbai - 400 706, Age 68.
17. Dr. Mithlesh Kumar
Residing at B-34/01,
Kendriya Vihar, Sector 11,
Kharghar, Navi Mumbai - 410 210, Age 67.
18. Dr. Abhas Kumar Mitra
Residing at F 204 Riverscape, Casa Rio,
Palava, Dombivli, Maharashtra 421 204, Age 69.
19. Ram Chandra Sharma
Residing at 404, Shree Kalash CHS,
Plot 10, Sector 19, Kamothe,
Navi Mumbai - 410 209, Age 65.
20. Nageshwar Prasad Srivastava
Residing at C/o Flat No.403,
B-Wing, Maruti Enclave CHS,
Sector - 10, Kamothe,
Navi Mumbai - 410 209, Age 66.
21. Santosh Kumar Srivastava
Residing at E-25, Flat No.10,
Second Floor, Sector 48, Seawood,
Navi Mumbai - 400 706, Age 66.
22. Anthony Kanjirathingal Ouseph
Residing at C/o Mr. Chetan Yadav,
Flat No.702, Shree Dharti Enclave,
Sector 36, Kamothe,
Navi Mumbai - 410 206, Age 64.
23. K.S. Seshadri
Residing at C 1102
BPCL Cooperative Society,
Sector - 46A, Behind Navratna Hotel,
Seawoods, Navi Mumbai - 400 706, Age 70.
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=
Milan Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:57:02+05'30'
Foxit PDF Reader Version: 2024.4.0
4 OA No.1083/2024
24. K Kumaraguru
Residing at 2805, Cardinal,
Hiranandani Eastate, GB Road,
Patlipada, Thane (W), 400607 Age 66
25. Dr. Shrinivas Vinayak Desai
Residing at 503, Shree Dharti Enclave,
Sector 36, Plot No 53, Kamothe,
Raigad, 410209 Age 73
26. Surinder Kumar Kaul
Residing at B-401, Mahavir Jyoti CHS Ltd,
Plot no.: 248A & 249, Sector 10,
Kharghar, Navi Mumbai, 410210 Age 66
27. Kuppa Sivasankara Sarma
Residing at 1001, Kukreja Plaza
D Wing CHS Ltd., Sector-11.
CBD Belapur, Navi Mumbai,
400614 Age 66
28. M. R. Joshi
Residing at 402, Sawan Lifestyle,
Plot 14, Sector 15, Kharghar,
Navi Mumbai, 410 210 Age 68
29. Hem Narain Singh
Residing at 602 Olive Regency,
Plot 17, Sector 42, Seawoods,
Nerul, Navi Mumbai, 400706 Age 65 -Applicants
( By Advocate Shri S.N. Rajpurohit )
Versus
Union of India through
1. Department of Personnel and Training
Secretary, DOPT North Block, New Delhi
Pin 100001 Email ID: [email protected]
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=
Milan Jackson Alphanso
Alphanso
Reason: I am the author of this document
Location:
Date: 2025.06.13 15:57:02+05'30'
Foxit PDF Reader Version: 2024.4.0
5 OA No.1083/2024
2. Department of Atomic Energy
Secretary, Department of Atomic Energy
Anushakti Bhavan, C.S.M., Marg, Mumbai 40001.
Email ID: [email protected]
3. The Chairman,
Atomic Energy Regulatory Board,
Niyamak Bhavan, Anushakti Nagar,
Mumbai-400094, India.
AERB (Atomic Energy Regulatory Board),
Email ID: [email protected]
4. The Director,
Bhabha Atomic Research Centre,
Trombay, Mumbai 400085
BARC (Bhabha Atomic Research Centre)
Email ID: [email protected]
5. The Chairman and Chief Executive
Heavy Water Board 5th Floor, Vikram
Sarabhai Bhavan, Anushakti Nagar,
Mumbai - 400094. Email ID: [email protected]
6. Directorate of Construction Services & Estate
Management (DCSEM) Director, DCSEM, 3rd Floor,
North wing, Vikram Sarabhai Bhavan,
Anushakti Nagar, Mumbai - 400094.
Email ID: [email protected] - Respondents
(By Advocate Shri Rishi Ashok i/b Shri B.K. Ashok)
ORAL ORDER
Per : Mr. Shri Krishna, Member (A)
The matter was listed under 'Orders' category. Notice was issued to the respondents on 30.09.2024. However, the respondents have not filed reply inspite of the repeated Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 6 OA No.1083/2024 opportunities given. Since the issue involved 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, therefore, by consent of learned counsel for both the parties, taken up for final disposal.
2. The applicants have retired on superannuation on 30.06.2018, 30.06.2015, 30.06.2016, 30.06.2017, 30.06.2010, 30.06.2018, 30.06.2011, 30.06.2016, 30.06.2016, 30.06.2017, 30.06.2018, 30.06.2018, 30.06.2016, 30.06.2015, 30.06.2017, 30.06.2016, 30.06.2017, 30.06.2015, 30.06.2019, 30.06.2018, 30.06.2019, 30.06.2020, 30.06.2014, 30.06.2018, 30.06.2011, 30.06.2018, 30.06.2018, 30.06.2016 and 30.06.2019 respectively. They are claiming notional increment which they claim was due to them on 01.07.2018, 01.07.2015, 01.07.2016, 01.07.2017, Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 7 OA No.1083/2024 01.07.2010, 01.07.2018, 01.07.2011, 01.07.2016, 01.07.2016, 01.07.2017, 01.07.2018, 01.07.2018, 01.07.2016, 01.07.2015, 01.07.2017, 01.07.2016, 01.07.2017, 01.07.2015, 01.07.2019, 01.07.2018, 01.07.2019, 01.07.2020, 01.07.2014, 01.07.2018, 01.07.2011, 01.07.2018, 01.07.2018, 01.07.2016 and 01.07.2019 respectively. Some of the applicants made representations to their department which have been denied by their respective departments. Being aggrieved and dissatisfied by not granting the annual notional increment, the applicants filed this OA.
3. Learned counsel for the applicants has placed reliance on the decision of 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 upheld and SLP was dismissed. He has also placed reliance on the decision of Hon'ble Supreme Court in the case of The Director (Admn. Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 8 OA No.1083/2024 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.
4. 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.
5. We have considered the submission of learned counsels for the parties.
6. 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 9 OA No.1083/2024 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."
This interim order will continue till further orders of Hon'ble Apex Court. However, no person who has already received an enhanced Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 10 OA No.1083/2024 pension including arrears, will be affected by the directions in (a), (c) and (d).
7. 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.
8. 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 11 OA No.1083/2024 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 miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:
Digitally signed by Milan Jackson AlphansoMilan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 12 OA No.1083/2024 "(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 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 Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 13 OA No.1083/2024 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."
9. 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 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 filed an application for intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 14 OA No.1083/2024 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 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) Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0 15 OA No.1083/2024 dated 29.04.2025 and D/o Legal Affairs vide Computer Dy. No. E-144903 dated 17.03.2025."
(Emphasis supplied)
10. 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 01.07.2023 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)
ma*
Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN= Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.06.13 15:57:02+05'30' Foxit PDF Reader Version: 2024.4.0