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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Virendra Pal Singh Mann – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 39374/2023
1. This is an application seeking early hearing of the petition. The date of hearing is December 11, 2023.
2. Learned counsel for the respondent, the applicant herein, states that the issue in hand is covered by the judgment of the Supreme Court in the case of The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., 2023, SCC OnLine SC 401 and hence, the Writ Petition be heard finally.
3. The Bhardwaj does not oppose the prayer made. The application for early hearing is allowed.
4. Application is disposed of.
5. The counsel for the parties have been heard on the Writ Petition.
W.P.(C) 14839/2022
6. The challenge in the Writ Petition is to an order dated October 05, 2021, passed by Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as `Tribunal') in O.A. 1659/2021, whereby the Tribunal has disposed of the Original Application by stating in paragraph 11 as under:
"11. For the foregoing reasons, the O.A. is allowed, directing that the applicant, who retired from service on 30th June 2020, shall be extended the increment payable on 1st July of the respective year. His pension shall
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.
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 central legal point established is the application of the Supreme Court judgment on annual increment and pensionary benefits to the petitioners' case.
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 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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