The court affirmed the right to notional increments at retirement dates based on a Supreme Court ruling, allowing applicants to join their cases.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Notional increment - Applicants sought to join in a single OA regarding notional increment effective from retirement dates, citing the Supreme Court's decision in 'The Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors' - The court allowed joining of applicants as issues were identical (Paras 1-4).

(B) Review Petition - The Supreme Court's interim order clarified the applicability of its judgment on notional increments to third parties, providing guidelines for enhanced pension claims (Paras 2-3).

(C) Direction - The court directed respondents to decide pending representations regarding notional increments within eight weeks (Para 4).

ORDER (ORAL)

By Hon’ble Dr. Chhabilendra Roul, Member (J):-

MA No. 2908/2024

Present MA has been filed by the applicants seeking joining together in a single OA. Learned counsel for applicant submits that as the issue in the present OA pertains to notional increment from the effective dates in respect of their retirement, either on 30^th June or 31^st December of respective years, and the same has been conclusively decided by the Hon’ble Apex Court in the matter of ‘The Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors’ on 11.04.2023. As the subject matters in respect of all applicants are identical, the MA for joining together may be allowed.

2. Learned counsel for respondents vehemently opposes the present MA. He submits that as the retirement dates of all the applicants are different, present MA cannot be allowed.

3. However, in view of the fact that the issue i.e. notional increment in respect of all applicants in the present OA is identical, present MA is allowed. Applicants are allowed to join together in single OA.

MA No. 3853/2024

Present MA has been filed by the applicants seeking preponement of the date of hearing in the present OA. As the OA is already listed today, MA has become infructuous.

Accordingly the same is dismissed.

With the consent of learned counsels for the parties, the OA is taken up for hearing today.

OA No. 3167/2024

Present OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985 seeking the following reliefs:-

“1. Treat the applicants’ case for grant of notional increment on the date of their respective retirement after completion of good/ efficient service of one year preceding retirement as fully covered under the law laid down by the Hon’ble Supreme Court of India in "The Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others" reported in (2023) SCC Online SC 401;

2. Grant one notional increment to the applicants on the date of their retirement on 30th June/ 31 December, as the case may be, with all the consequential benefits.

3. Re-fix the applicants’ pension on the date of retirement and other consequential retiral dues after allowing them one notional increment on the date of their retirement;

4. Pay arrears of the difference of pension & other retrial dues admissible to the applicants after grant of notional increment on the date of retirement and the pension & other retrial dues already paid to them;

5. Pay a simple interest @18% on the arrears of retrial dues so calculated w.e.f. the applicable dates of accrual to the date of actual payment; and

6. Pass any other order(s) or grant any appropriate relief as deemed just and proper by this Hon’ble Tribunal in the facts and circumstances of the case.”

2. Learned counsel for applicants submits that the issue regarding notional increment w.e.f. the respective date after the retirement on 30^th June or 31^st December of their respective years of retirement has conclusively been decided by the Hon’ble Apex Court in CA No. 2471/2023 titled ‘The Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors’ on 11.04.2023. Subsequently, some affected parties including Union of India filed Review Petition (D.No 36418/2024) before the Hon’ble Apex Court. The Hon’ble Apex Court vide order dated 06.09.2024 in M.A. (D.No.) No. 2400/2024 in SLP No. 4722/2021 has passed the following order:-

“It is stated that the Review Petition in Diary No. 36418/2024 filed by the Union of India is pending. The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled “Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others”, to third parties is concerned. We are informed that a large number of fresh writ petitions have been filed. To prevent any further litigation and confusion, by of an interim order we direct that:

a) The judgment dated 11.04.2023 will be given effect to in case of third parties

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