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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Union of India & Anr. – Appellants
Versus
Virendra Pal Singh Mann – Respondent
W.P.(C) 14839 of 2022, CM APPL. 39374 of 2023
Decided On : 03-08-2023
Judgment - Supreme Court Judgment Reference - The court allowed the application for early hearing of the petition based on the reference to a previous Supreme Court judgment and the parties' agreement to be bound by the judgment.
Fact of the Case:
The Writ Petition challenges an order of the Central Administrative Tribunal, which directed the extension of increment and revision of pension for a retired individual, subject to certain conditions and a potential refund obligation.
Finding of the Court:
The court disposed of the Writ Petition based on the reference to a previous Supreme Court judgment and the parties' agreement to be bound by the judgment.
Issues: The issue revolved around the applicability of the order of the Central Administrative Tribunal and the potential impact of a Supreme Court judgment on the matter.
Ratio Decidendi: 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.
Final Decision: The Writ Petition was disposed of, and the date of December 11, 2023, for the hearing was cancelled.
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 also be revised, subject to his fulfilling other conditions, which are applicable. The arrears that become due shall be paid without interest. While extending such benefits, a clause shall be incorporated to the effect that in case the Hon'ble Supreme takes a different view in the Civil Appeal arising out of SLP No. 4722/2021, he shall be under obligation to refund the entire benefit without any demur. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order."
7. In para 11 of the order, the Tribunal has referred to the SLP No. 4722/2021.
8. Our attention has been drawn to the order passed by the Supreme Court in Special Leave Petition (C) No. 4722/2021, Union of India & Anr. vs. M. Siddaraj, wherein a reference has been made by the Supreme Court to its earlier judgment dated April 11, 2023, The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors.
9. Learned counsel for the parties state that the issue is covered by the judgment in the case of The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. They also states that the parties shall be bound by the judgment of the Supreme Court. Their statement is taken on record.
10. The Writ Petition is disposed of.
11. The date of December 11, 2023 stands cancelled.
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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