ORDER

MA No. 908/2024 The applicants, herein, seek identical relief of one notional increment on account of their having retired on 30 th June. This issue has been adjudicated in a large number of OAs and the relief sought is similar to all.

2. For the reasons stated in the MA and as recorded above, MA is allowed. The applicants are permitted to pursue the associated OA jointly in terms of Rule 4 (5) of the CAT Procedure Rules, 1987. OA No. 951/2024 The applicants, herein, retired from Government service on attaining the age of superannuation on 30.06.2021. By virtue of the present OA, they seek the benefit of one notional increment for computing and calculating their terminal dues on retirement, including pension. To this effect, they have made the following reliefs vide para 8 of this OA:- <br/>

“(a) re-calculate the Applicants’ pension and other retirement benefits from the date of their retirement, i.e., 30-6-2021 by notionally taking into account the last increment falling due on the date of retirement;

(b) granted arrears of pension and other retirement benefits as indicated above, along with interest at 9% p.a.;

(c) Allow the costs of this OA, and/or (d) Any other relief in the applicants favour, as deemed appropriate by this Hon’ble Tribunal.”

2. Heard. Issue notice to the respondents. Mr. Girish C. Jha and Mr. Ashish Rai, learned counsel, who appeared on advance service accepted notice on behalf of Respondent No. 1 & 2 and Respondent No. 3, respectively. They seek a reasonable period of time to either file a comprehensive reply to the OA or, in the alternative, obtain appropriate instructions against the background of the fact that the issue has been adjudicated upto the level of Hon’ble Apex Court.

3. While recognizing the right of the respondents to file an appropriate response to the OA, I am of the considered view that since this matter has been adjudicated upon in a large number of OAs by different Benches of this Tribunal with the highest degree of consistency and further that the challenge made to the orders of this Tribunal upto the level of Apex Court has not been successful, no useful purpose would be served in dwelling upon any further upon this OA.

4. The limited issue is that whether an employee, who retires on 30th June or 31st December, would be entitled to the benefit of a notional increment for the purpose of determining his retiral dues including pension. Invariably, it has been held that an employee is entitled to an annual increment on successful completion of one year of service in the case of an employee, who retires he gets denied the benefit of this increment because the increment is typically released on first of the month following the last date on which one year is completed. In the instant matter, since the employee stands retired a day prior to the day when the increment is to be released in his favour, he gets denied the benefit only on account of these typical circumstances. Therefore, what has been held is that the benefit shall be extended on notional basis for the purpose of calculation of retiral benefits, including pension.

5. Since the issue has been conclusively decided upto the level of the Hon’ble Apex Court and subsequently implemented in a large number of cases, there could be no cause now to take any divergent view. Further, the respondents and the other Departments should ensure that retired employees are not pushed into unnecessary litigation and the benefit of notional increment is now extended to all the retired employees.

6. Against this background, the present OA is allowed with a direction to the Competent Authority amongst the respondents to re-fix the retiral dues, including pension, of the applicants by giving them the benefit of one notional increment on the date of their retirement. After such re-

fixation, arrears as accrue to the applicant shall be released expeditiously. Th