ORDER (ORAL)

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 1^st July 2023 for the period 1^st July 2022 to 30^th June 2023, 1^st July 2022 for the period of 01^st July 2021 to 30^th June 2022, 1^st July 2021 for the period of 01^st July 2020 to 30^th June 2021, 1^st July 2020 for the period 01^st July 2019 to 30^th June 2020, 01^st July 2016 for the period 01^st 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 01^st July 2023, 01 July 2022, 01 July 2021, 01^st July 2020, 01^st July

2016 and 01^st 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 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 pen