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2024 Supreme(Online)(CAT) 2718

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No.1108/2024 This the 07th day of August, 2024 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

1. Shri Heera lal S/o Prabhu Lal Aged 63 year Retd Sr TCM Group –C R/o= H No 503, Panya Udhyan Bagadi Mohalla Narela, Delhi – 110004

2. Shri Babu Lal Meena S/o Shiv Narayan Aged 62 year Retd Dy Station Supdt Gr-C C/o= Kamal Singh H No C-20 Gali No 4 Kirari,Nangloi New Delhi-110086

3. Shri Mohan Lal Meghwal S/o Bhuru Lal Aged 62 year Retd Junior Engineer (P/Way)

Group-C R/o= B67,Sector -5 Near Main Market Bhajan Pura, Delhi

4. Shri Babu Lal Gurjar S/o Chote Lal Gurjar Aged 62 year Retd Station Supdt Group-C C/o Sheer Singh Gujar H No 398 Dhandhan Mohalla Badarpur ,New Delhi-110044

5. Shri Genda Lal Mudgal S/o Kishan Lal Aged 62 year Retd O S, Group -C C/o= Jitendra Kumar Sharma H N 192/2 II nd Floor Gali No 8 Than Singh Nagar Angad Parwat, New Delhi110005

6. Shri Trilok Chand Rajora S/o Nathi Lal Aged 61 year Retd as Station Supdt Gr-C C/o Nasthi Lal H No 42 Gali No 13 Ratiya Marg Sangam Vihar,New Delhi-110080

7. Shri Daulat Ram S/o P L Khatri Aged 62 year Retd Station Supdt, Group-C C/o= K K Kapoor H No BH 87 Purvi Pocket Shalimar Bagh New Delhi …Applicants (By Advocate: Mr. Manjeet Singh Reen)

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 Rail Bhawan, New Delhi-110001

3 The General Manager West Central Railway 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. Anil Kumar Mishra)

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

At the outset, the learned counsel for the applicants draws attention to the Decision dated 16.07.2024 in OA No.2749/2024 of this Tribunal and submits that the applicants being similarly situated may be granted identical relief as has been granted in the aforementioned OA.

2. For the sake of clarity, the decision dated 16.07.2024 in OA No.2749/2024 is reproduced verbatim:- Learned counsel for the respondents, on instructions, raised the issue of jurisdiction. The present OA has been filed by the applicants seeking the following reliefs:- “8.1. That this Honourable Tribunal may graciously be pleased to allow the present Original Application and set-aside the impugned orders 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 July 2023 for the period 1st July 2022 to 30th June 2023, 1st July 2022 for the period of 01st July 2021 to 30th June 2022, 1st July 2021 for the period of 01st July 2020 to 30th June 2021, 1st July 2020 for the period 01st July 2019 to 30th June 2020, 01st July 2016 for the period 01st July 2015 to 30th June 2016 and 01st July 2012 for the period 01st July 2011 to 30th June 2012, with all 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 July 2023, 01 July 2022, 01 July 2021, 01st July 2020, 01st July 2016 and 01st July 2012 from the date of payments.

8.4. That this Honourable Tribunal may graciously be pleased to direct the respondents to pay the simple interest @18% from the due date of arrears 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.”

2. In the instant OA, all the applicants are retired persons who were staying in the territorial jurisdiction of this Tribunal, even though the impugned order has been passed by Kota. Learned counsel for the applicants submits that this OA is squarely covered by the order/judgment passed in OA No. 951/2024 of this Tribunal. We find that the present matter also pertains to grant of notional increment in OA No. 951/2024 in which this Tribunal was pleased to pass the following order:- “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:- “(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 consisten

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