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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Govt. of NCT Delhi – Appellant
Versus
Hemraj Singh – Respondent
JUDGMENT
V. Kameswar Rao (Oral)
CM APPL. 28574/2023
1. This is an application filed by the respondents for early hearing of the petition on the ground that the issue which falls for consideration in this writ petition has been settled by the Supreme Court in the case of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., 2023 SCC OnLine SC 401.
2. For the reasons stated in the application, the same is allowed. The Writ Petition is taken up for hearing.
3. The application is disposed of.
W.P.(C) 6809/2022
4. The challenge in this Writ Petition is to an order dated July 15, 2021 passed in a batch of Original Applications, which include O.A. 761/2021, whereby the Tribunal has allowed the Original Application by stating in paragraph 10 as under:
"10. For the foregoing reasons, the OAs are allowed, directing that:
(a) for such of the employees, who retired on 30th June of any particular year, increment payable on 1st July shall be extended. Their pensions shall also be revised, subject to their fulfilling other conditions which are applicable. The arrears that become due shall be paid without interest;
(b) Similarly for employees, who retired on 31st December of a particular
The court's decision was influenced by the settled issue in a related case by the Supreme Court, which supported the directions related to increment and pension revision for retired employees.
The court's decision was influenced by the reference to a previous Supreme Court judgment and the parties' agreement to be bound by the judgment, leading to the disposal of the Writ Petition.
Retired employees entitled to incremental benefits for pension calculations based on service completion.
Retired employees are entitled to increments due at retirement when calculating pension benefits.
The court's decision was influenced by the interpretation of retirement benefits and the application of the judgment of the Supreme Court in a similar case.
The central legal point established is the application of the Supreme Court judgment on annual increment and pensionary benefits to the petitioners' case.
The main legal point established is that a retired Central Government employee is entitled to a notional increment for the purpose of pensionary benefits, based on the interpretation of relevant rule....
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