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2024 Supreme(Online)(CAT) 2395
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 4037/2023, M.A. No.4553/2023, M.A.
No.4554/2023
WITH
OA No. 2282/2024, M.A. No.2008/2024, O.A.
No.2299/2024, O.A. No.3400/2023, O.A. No.2041/2024, O.A.
No. 2968/2023, M.A. No. 3460/2023, M.A. No.3461/2023
Order reserved on: 29.05.2024
Order pronounced on: 31.05.2024
Hon’ble Mr. Manish Garg, Member (J)
O.A. No. 4037/2023
1.
Shri Hanuman Prasad
S/o Badri Lal
Age about 67 year
Retd as Carpenter ( MCF)
DRM Kota WCR
C/o Ramavtar Sharma
H No 10, Rajendra Park Extn.
Nangloi West Delhi -110041.
2.
Shri Bal Mukund Sharma
s/o Prabhu Lal Sharma
Age about 65 year,
Retd as Tech ( TRD)-I,
C-97 Sector -7 Kanti NagarExtn
New Delhi-110051
3.
Shri Dulhey Ram
S/o Girraj Singh
Age about 70 year
Retd as OS
C/o Rama Shanker Bhadauria
H. No. 58 Amichand Khand Giri Nagar
Kalka ji, NewDelhi - 110019.
4.
Smt Sushma Viswakarma
w/o Rajesh Kumar Vishwakarma
Aged 65 year,
Retd as Sr AFA
Clo Gurmeet Sngh Sahni
47,East Guru Angad Nagar
Near Radhu Palace New Delhi.
5.
Shi Subro Dey
S/o Ganesh Chandra Dey
Aged 02 year,
Retd Sr Pipe Line Fitter
C/o Bhasker Chaudhary
H No A/7, 142/143 2nd Floor, Sector 17 Delhi 110089
6.
Shri Pramod Kumar Sharna
s/o Ram Narayan Sharma
Aged G7 year,
Retd as Senior section Engineer
R/o A37 Sector -2 Gurunanak
Pura Laxmi Nagar, New Delhi 100092.
7.
Shri Raghu Nandan Hatila
S/o R K Hatila
Aged 74 year,
Retd as Asstt Signal & Tele Engineer
C/o = Shri Gopal Singh
Flat No 23-D SFS flats
Mayur Vihar Phase-3
Delhi-110096
8.
Shri Mohammed Islam
S/o Ramjani
Aged 63 year,
Retd Sr Black Smith
C/o Zakir Hussain
D-5 Sangam Vihar
New Delhi- 110026
9.
Shri Mahendra Singh
S/o Balwant Singh
Aged 71 year,
Retd as Tech MCF
C/o Yogesh Chudhary
C -87Janak puri, Delhi.
10. Shri Nirmal Sharma
s/o P D Sharma
Aged 63 year,
Retd as Commercial Supervisor
C/o Dr Atul Bharadwaj
Khasra No 44/15, Sangam Vihar Extn. Najafgarh
New Delhi 110043.
11. Shri Jagdish Kumar
s/o Bhanwar Lal
Aged 66 year,
Retd as Vehicle Driver
C/o Ramavrar
H No 18,3rd Floor BF Block
Jail Road, New Delhi-110058
....Applicants
(By Advocate: Mr. M S Reen & Ms. Vaishali Sulkhlan)
Versus
Ministry of Railways & Others: through
1 .
The Secretary
Ministry of Railways,
Railway Board,
Rail Bhawan,
New Delhi-110001
2.
The Joint Director Pay Commission
Ministry of Railways
Railway Board
Rai Bhawan, New Delhi- 1 10001
3.
The General Manager
West Central Railway
Jabalpur-482001
4.
The FA& CAO
West Central Railway
Jabalpur, W C R 482001
5.
The Chief Works Manager (C & W)
KOTA West Central Railway
KOTA WC R -324001
6.
The Divisional Railway Manager
West Central Railway Kota Division
KOTA-324001.
7.
The Secretary
Department of Personnel & Training
North Block Secretariat
New Delhi.
... Respondents
(By Advocate: Mr. Pradeep Kumar Sharma)
O.A. No. 2282/2024
Smt. Nirmala
W/o Late Mahawar Narendra Kumar
Age – 64 year
Group – C
R/o C/o Ashok Verma
16, SFS, Punjabi Bagh Appt., Madipur Gaon
New Delhi – 110063.
....Applicant
(By Advocate: Mr. M S Reen & Ms. Vaishali Sulkhlan)
Versus
Ministry of Railways & Others: through
1 .
The Secretary
Ministry of Railways,
Railway Board,
Rail Bhawan,
New Delhi-110001
2.
The Joint Director Pay Commission
Ministry of Railways
Railway Board
Rai Bhawan, New Delhi- 1 10001
3.
The General Manager
West Central Railway, Headquarter Office,
Jabalpur-482001
4.
The Divisional Railway Manager
West Central Railway Kota Division
KOTA-324001.
5.
The Secretary
Department of Personnel & Training
North Block Secretariat
New Delhi.
... Respondents
(By Advocate: Ms. Deepa Rai with Mr. Ankit Kumar Gulia)
O.A. No. 2299/2024
Bhagwan Swaroop
(EX GUARD – A SPL-UNDER DRM/MB DN
Moradabad.
(PPO No. 20157030800075)
S/o Sh. Ram Swaroop
Aged 69 years
R/o House no. 36, East Guru Angad Nagar
Delhi – 110092.
....Applicant
(By Advocate: Mr. S K Singh)
Versus
Union of India (Through)
1 .
The Secretary
Rail Bhawan, Raisina Road, Rajpath Area
New Delhi-110001.
2.
The General Manager
Northern Railway, Baroda House
Headquarters’ Office
New Delhi – 110001.
3.
DRM/Moradabad Division
DRM Office, Moradabad
Civil Lines, Moradabad – 244001.
... Respondents
(By Advocate: Ms. Nidhi Rai)
O.A. No. 3400/2023
1. Shri Krishna Gopal
s/o Kanhaiya Lal
Aged 69 year,
Retd as Technician(electrical)
Group- C.
R/o= Smt Lata Mathur
2668 Shadipur Main Bazar
NewDelhi-110008
2. Shri Abdul Wahid
s/o Abdul Habib
Aged 63 year
Retd Tech( Motor Mechanic)
R/o= A-118 F/Floor
Prahladpur, Badarpur
Delhi -110044
3. Shri Ajay Gupta
s/o Babu Lal Gupta
Aged 67 year
Retd as Trunk Supdt.
Group-C
DRM Kota WCR
R/o= Ranjana Gupta
Plot No4 & 5
3rd Floor Back side Block C-1
Sanjay Enclave ,Uttam Nagar
New Delhi110059
4. Shri Akhilesh Kumar Pandya
s/o Balaram Pandya
Aged 67 year
Retd as Telecom maintainer-|
Group-C,
Flat No 310 Shri Shyam Apartment
Gali No 14 Om Vihar Extension
Uttam Nagar New Delhi 110005
5. Shri Ramesh Chand
s/o Kalyan Prasad
Aged 67 year,
Retd as Sr Tech Mason Engg
Group -C
R/o= Jhansi Ram
HNO 346 D/2 Block Nand Nagri,
Shahdara Delhi-110093
6. Shri Fateh Lal Meena
S/o Narayan Lal Meena
Aged- 60 year
Retd Chief O S
Group-C.
R/o= Smt Kavita H No 214
MB Road Pul,Prahladpur
New Delhi 110044
7. Shri Mohd Yunis
s/o Mohammad Yusuf
Aged- 67 year
Retd as Sr Tech ( Tele)
Group-C
R/o= House No. 46,Patparganj
Vill Mayur Vihar Phase
Opp Akash darshan Society
Delhi 110091
8. Shri Girish Kumar Gaur
s/o Shyam Lal Gaur
Aged- 63 year,
Retd as SSE (P/Way)
Group-C
R/o= Umesh Gaur
Radha Krishna Apartment
B3, Ist Floor H No 266
P/3 Ward No 2 Mehrauli
New Delhi=110030
9. Smt Urmila Pradeep Gupta
W/o Pradeep Kurnar Gupta
Aged 62 year,
Retd as O S,
Group-C,
R/o= Harmeet Singh
HNoG-6 Block -G Type IV special
CPWD Water Andrews Ganj
Delhi-110049
10. Smt Kamlesh Verma
w/o Tara Chand Verma
Aged 60 year,
Sr Section Officer
Group-C,
R/o= 16 SF -5 Panjabi Bagh Appt
Madiour Gaon, New Delhi 110063
11. Shri Sharwan Kumar
s/o Ram Singh
Aged - 60 year,
Retd as Sr Section Officer
Group-C,
R/o= H No 18,3rd Floor BF Block
Jail Road New Delhi-110058
12. Shri Rajesh Prasad Sharma
S/o Shri Ramji Lal Sharma
Aged 64 year,
Retd as E S M-|
Group-C,
R/o= H No -RZH 233-B Gali No 9
Raj Nagar Part -2 Palam Colony
Delhi 110077
13. Shri Kamal Singh
s/o Gujar Mal
Aged-75 year,
Retd as Sr Clerk
Group-C
R/o= Sunil Verma
1898-C Uday Chand Marg, Kotla
New Delhi-110003
....Applicants
(By Advocate: Mr. M S Reen & Ms. Vaishali Sulkhlan)
Versus
Ministry of Railways & Others: through
1 .
The Secretary
Ministry of Railways,
Railway Board,
Rail Bhawan,
New Delhi-110001
2.
The Joint Director Pay Commission
Ministry of Railways
Railway Board
Rai Bhawan, New Delhi- 1 10001
3.
The General Manager
West Central Railway
Jabalpur-482001
4.
The Divisional Railway Manager
West Central Railway Kota Division
KOTA-324010. (Rajasthan)
5.
The Secretary
Department of Personnel & Training
North Block Secretariat
New Delhi.
... Respondents
(By Advocate: Mr. U Srivastava)
O.A. No. 2041/2024
Shri Narendra Khandekar
H/o Lat Smt. Janki Khandekar
Age-68 year,
Group-C
C/o=Ashok Verma
R/o=16, SFS, Punjabi Bagh Appt
Madipur Gaon,
New Delhi - 110063
....Applicant
(By Advocate: Mr. M S Reen & Ms. Vaishali Sulkhlan)
Versus
Ministry of Railways & Others: through
1 .
The Secretary
Ministry of Railways,
Railway Board,
Rail Bhawan,
New Delhi-110001
2.
The Joint Director Pay Commission
Ministry of Railways
Railway Board
Rai Bhawan, New Delhi- 1 10001
3.
The General Manager
West Central Railway, Head Quarter Office
Jabalpur-482001
4.
The Divisional Railway Manager
West Central Railway Kota Division
KOTA-324001.
5.
The Secretary
Department of Personnel & Training
North Block Secretariat
New Delhi.
... Respondents
(By Advocate: Mr. Arvind Kumar)
O.A. No. 2968/2023
1. Shri Prabhu Lal Meena,
S/o Shri Kanwar Lal Meena,
Age 67 year
Retd. Chief Office Superintendent
Group -C
Under Divisional Railway
Manager Office KOTA, West Central
Railway. R/o= H No 78- A
Ext No 1-C,
Nangloi Delhi-110041.
2. Shri Khursheed Ahmad,
S/o Shri Mohd Sidiq.
Age 65 year
Retd as Office Superintendent,
Group-C,
Under Divisional Railway Manager
Office KOTA, West Central
Railway
R/o= 85, Sector-II,
Vasundhara Enclave
New Delhi-110 096
3 Shri Ram Singh Rathore
S/o Shn Chhote Lal
Age 68 year.
Retd. Senior Section
Engineer GrupC.
(P/Way), Under Divisional
Railway Manager Kota
R/o- 103 Pragati Appt,
V'asundhara Bndae,
New Delhi-l 10096
4. Shri Prem Lal Jaiswal,
s/o Shrn Gajdhar rasad,
Aged 65 year,
Retd. Junior Engineer
Maint), Group-B.
Under Divisional Railway
Manager Bhopal,
West Central Railway,
R/o E-137, II Floor,
Deepak Niwas, Pritam
Pura,
New Delhi-l10 034
5. Shri Latoor Singh,
S/o Shri Badie Sen
Aged 65 year.
Retd as Senior
Technician(Weld) Group-C,
Under Chief Works
Manager(C&W) ,Kota. West
Central Railway
R/o=:- CZ-96 Block III,
Uttam Nagar,
New Delhi-110059.
6. Shri Surendra Mohan,
S/o Shri Ram Swaroop,
Aged 66 year.
Retd. Office Supdt,
Group-C.
Under Divisional Railway
Manager Office KOTA,
West Central Railway,
R/o= C/0 Santosh Kumar
Verma, B-75 Sector-I,
Rohini, Avantika,
New Delhi-110 085.
7. Shri Rakesh Kumar Dixit,
S/o Shri Om Prakash Dixit,
Aged 66 year.
Retd. Mail/Exp Guard,
Group-C.
Under Divisional Railway
Manager Office KOTA,
West Central Railway
H.No 380-C Block,
Gali No 16,Bhjanpura
Delhi-110053.
8. Shri Shekhar Ghosh,
S/o Shri Santosh Gosh,
Aged 66 year,
Retd as Sr. Clerk.
Group-C.
Under Divisional Railway
Manager Oflfice KOTA, West
Central Railway,
R/o= C-3, Pratik Appt.
Pashchim Puri,
New Delhi-110063.
....Applicants
(By Advocate: Mr. M S Reen & Ms. Vaishali Sulkhlan)
Versus
Ministry of Railways & Others: through
1 .
The Secretary
Ministry of Railways,
Railway Board,
Rail Bhawan,
New Delhi-110001
2.
The General Manager
West Central Railway
Jabalpur-482001
3.
The Divisional Railway Manager
West Central Railway Kota Division
KOTA-324001 (Rajasthan)
4.
The Divisional Railway Manager,
West Central Railway,
Bhopal – 462039 (Madhya Pradesh)
5.
The Chief Works Manager (C & W)
West Central Railway
KOTA 324010
(Rajasthan)
... Respondents
(By Advocate: Mr. Pradeep Kumar Sharma)
ORDER
As facts and question of law are identical in all the batch matters, with the consent of all the parties, these OAs/MAs were taken up for hearing together and are being disposed of by a common order. We, therefore, for the sake of clarity take the OA No. 4037/2023 as leading case.
2. M.A. Nos. 4554/2023, 1779/2024 and 2008/2024 are allowed subject to just exceptions. M.A. Nos. 4553/2023 and 3461/2023 are allowed and the applicants are permitted to pursue the OA jointly. M.A. No. 3460/2023 seeking condonation of delay is allowed and the delay is condoned.
3. In the instant Original Application (OA), the applicants seek the following relief:-
- “8.1 That this Honourable Tribunal may graciously be pleased to allow the present Original Application and set-aside the impugned order ANNEXURE A-1 (Colly) with all consequential benefits.
- 8.2 That this Hon’ble Tribunal may graciously be please to allow the present Original Application and direct the respondents to grant one notional increments from 1st January 2010 for the period 1st January 2009 to 30th December 2009, 1st July 2012 for the period of 01st July 2011 to 30th June 2012, 1st July 2016 for the period of 01st July 2015 to 30 June 2016, 1st July 2017 for the period of 01st July 2016 to 30 th June 2017, 1st July 2018 for the period of 01st July 2017 to 30th June 2018 and 1st July 2020 for period of 01st July 2019 to 30th June 2020 and 1st July 2021 for the period of 01st July 2020 to 30th June 2021 with consequential benefits.
- 8.3 That this Honourable Tribunal may graciously be pleased to direct the respondents to pay the arrears of increased pension from 01st January 2010, 01 July 2012, 01 July 2013, 01 July 2016, 01 July 2017, 01 July 2018, 01st July 2020 and 01 July 2021 from the date of payments.
- 8.4 That the Honourable Tribunal may graciously be pleased to direct the respondents to pay the simple interest @ 18% from the due date of arrear to the actual date of payments.
- 8.5 That any other or further relief which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case may also be granted in favour of the applicants.”
4. The matter pertains to grant of notional increments on the basis of decision rendered by the Hon’ble Apex court in the case of Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others, reported in (2023) SCC Online SC 401. Respondent herein is Railways. It is the contention of learned counsel for the applicant that in identical circumstances, Division Bench of this Tribunal has already adjudicated upon the issue on grant of notional increment. In support of claim of the applicant, reliance has been placed on the following case laws:-
- (i) OA No.359/2019 and Ors, titled Sucha Ram Vs. Union of India & Ors. & batch matters decided on 02.02.2024 by Chandigarh Bench of this Tribunal. Relevant Para of the same reads as under:-
- “6. It is evident that the case of applicants is covered on all fours by the decision of Hon’ble Supreme Court in case of The Director (Admin and HR) KPTCL & Ors Vs. C.P. Mundinamani & Ors (supra). Further, in order to maintain judicial parity, similar order may be passed as given by the co-ordinate Bench in O.A. No. 60/793/2018 Ors decided on 09.08.2023. The impugned orders in O.As No. 852/2019, 1227/2019, 312/2021, 355/2021, 1371/2021, 164/2023, 347/2023, 356/2023, 357/2023, 698/2023 and 700/2023 are set aside. In the wake of aforesaid the O.As are disposed of with direction to the respondents to grant the benefit of one notional increment to the applicants due on 1st July or 1st January as the case may be with all consequential benefits within a period of three months from the date of receipt of certified copy of this order.”
- (ii) OA No.4048/2023 decided on 17.05.2024.
- Relevant para of the same reads as under:-
- “6. Accordingly, the OA stands disposed of with a direction to the Competent Authority amongst the resp
