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The Director (Admn. And Hr) Kptcl vs C.P. Mundinamani on 11 April, 2023

4. It is submitted by learned counsel for the petitioner that the issue of notionally increment has already been finally decided by the Hon'ble Apex Court in (Civil Appeal No.2471 of 2023) Director (Administration and HR) KPTCL and others vs. C.P. Mundinamani and others vide judgment dated 11.04.2023 and subsequently in SLP No.4722 of 2021 (Union of India and others vs. M.Siddaraj). However, the Railway Government of India, Ministry of Railways, has issued a circular on 09.02.2024 clarifying therein that the aforesaid judgment shall be applicable to those cases only where contempt have been filed and it was also stated that the fresh cases have been referred to the board for further clarification. Learned counsel for the petitioner contended that although he has approached the Opposite Parties pursuant to the aforesaid judgment of the Hon'ble Supreme Court by filing a representation on 12.02.2024 under Annexure-6 to the writ application, however, no decision has been taken on such representation as of now. In such view of the matter, learned counsel for the petitioner submitted that the Opposite Parties be directed to consider the case of the petitioner in the light of the judgment of the Hon'ble Supreme Court.
Supreme Court of India Cites 8 - Cited by 557 - M R Shah - Full Document

Union Of India vs M. Siddaraj on 19 May, 2023

4. It is submitted by learned counsel for the petitioner that the issue of notionally increment has already been finally decided by the Hon'ble Apex Court in (Civil Appeal No.2471 of 2023) Director (Administration and HR) KPTCL and others vs. C.P. Mundinamani and others vide judgment dated 11.04.2023 and subsequently in SLP No.4722 of 2021 (Union of India and others vs. M.Siddaraj). However, the Railway Government of India, Ministry of Railways, has issued a circular on 09.02.2024 clarifying therein that the aforesaid judgment shall be applicable to those cases only where contempt have been filed and it was also stated that the fresh cases have been referred to the board for further clarification. Learned counsel for the petitioner contended that although he has approached the Opposite Parties pursuant to the aforesaid judgment of the Hon'ble Supreme Court by filing a representation on 12.02.2024 under Annexure-6 to the writ application, however, no decision has been taken on such representation as of now. In such view of the matter, learned counsel for the petitioner submitted that the Opposite Parties be directed to consider the case of the petitioner in the light of the judgment of the Hon'ble Supreme Court.
Supreme Court - Daily Orders Cites 1 - Cited by 10 - Full Document
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