ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

Heard Mr. K Altaf Hussain, learned counsel for the applicant and Mr. D Laxmi Narayana Rao, learned counsel for the respondents.

2. By this Original Application the applicants are seeking the following relief(s):

“to direct the Respondents to revise the pension and pensionary benefits of the Applicant by granting notional increment on completion of one year of service as on from 1 July to 30th June of the year, following the law laid down by the Hon'ble Supreme Court in R.P. (C)No. 1731/2019 in SLP(C) No.22008/2018 duly declaring the action of the authorities in denying/not considering the same as unjust, arbitrary and discriminatory and pass such other order or orders deemed fit and proper in the interest of justice.

3. When the matter is taken up for consideration, the learned counsel for applicants submits that, as per the relief prayed for by the applicant, the issue is no more res-integra and is fully covered by the judgement of the Hon’ble Supreme Court of India in Director, KPTCL & others vs. C. P. Mundinamani & others. The learned counsel for the applicant further relied upon the order passed by this Tribunal in OA/621/2023 dated 23.11.2023 wherein the respondents are directed to grant the benefit of one notional increment to the applicant therein.

4. Heard both sides and perused the records.

5. It is to be noted that the Hon’ble Supreme Court of India, by its order dated 19.05.2023 disposed of the Batch of appeals in the matter of the Union of India vs. M. Siddaraj, etc., in view of the order passed in C.P. Mundinamani (supra). We feel that, in view of the recent orders passed by the Hon’ble Supreme Court of India, the applicant is entitled for the relief as regards the grant of one notional increment on and from the 1st day of July of his respective year of retirement for the purpose of retirement benefits.

6. It is also to be noted that the issue involved in the matter with respect to the notional increment is settled by the Hon’ble Supreme Court of India. Thereby, various circulars have been issued by the DOPT as well as the Railways, and there is an exchange of communication in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representation of the applicant dated 04.11.2023 and dispose of the same for grant of one Notional Increment as on 01.07.2019 as per the policy decision taken by the Government of India, followed with the Hon’ble Supreme Court and the Hon’ble Delhi High Court judgements, within a period of four months from the date of receipt of this order. Accordingly, the O.A. is disposed of. No order as to costs.

(SHALINI MISRA) (DR. LATA BASWARAJ PATNE) ADMINISTRATIVEMEMBER JUDICIAL MEMBER /SB/