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.