P Krishna Rao vs South Central Railway - 2024 Supreme(Online)(CAT) 7877

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2024 Supreme(Online)(CAT) 7877

CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 19^th day of February, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member
1. P.KRISHNA RAO, Aged: 68 Years, S/o. P. Appa Rao Retd. Station Superintendent, Group "C", Gullipadu, H.No.2-262, Near Saibaba Temple, MADHAVAPATNAM, Samalkot Mandal, KAKINADA - 533005(A.P.)
2. V.HANUMANTHA RAO, Aged 70 years, S/o.V.Kameswara Rao, Retd Station Superintendent, Group "C", Pennada Agraharam, R/o 5-96, Teachers Colony, Near Pratap Nagar, Kakinada (A.P.)
3. S.V.REDDY NAIDU, Aged 62 Years, S/o.S.Kameswara Das, Retd. Station Manager, Group"C" KAKINADA, H.No.68-10-10/6A, Rajeswari Nagar, Kakinada -533003(A.P.)
4. B.ANANDA RAJU, Aged 61 Years, S/o.B.Ramaswamy Retd. Station Superintendent, Hamsavaram, D.No.4-198, Srinivasa Nagar, VAKALAPUDI Post, KAKINADA -533005(A.P.)
5. B.VIDYA SAGAR, Aged 68 years S/o.B.Krishnaiah, Retd. Chief Goods Supervisor, KAKINADA, D.No.8-14-12, Red Cross Street Akhila Apartments, Gandhinagar, KAKINADA -533004 (A.P.)
. . Applicants.
(By Advocate : Mr. M Bhaskar)
Vs.
1. Union of India, Rep. by, The Secretary, Railway Board, Rail Bhavan, Ministry of Railways, New Delhi-110001
2. The General Manager, South Central Railway, Rail Nilayam, Secunderabad - 500 025.
3. The Divisional Railway Manager, South Central Railway, Vijayawada Division, Vijayawada – 520001.
4. The Senior Divisional Finance Manager, South Central Railway, Vijayawada Division, Vijayawada – 520001.
5. The Senior Divisional Personnel Officer, South Central Railway, Vijayawada Division, Vijayawada- 520001.
... Respondents (By Advocate: Mr. M Mohan Rao, Sr. PC for CG)
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ORAL ORDER

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

Heard Mr. M Bhaskar, learned counsel for the applicants and Mr. M Mohan Rao, learned counsel for the respondents.

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

“this Hon’ble Tribunal may direct that the Orders of the Hon’ble Supreme Court in respect of the notional increment from 1^st July of the same year wherein the Applicants retired on 30^th June of the same year the Law laid down by the Hon’ble Supreme Court and is binding on all Courts in accordance with Article 141 of the Constitution of India. Therefore, the applicants are entitled to the benefit of one notional increment which falls due on 1^st July of their year of retirement within a period of three months with all consequential benefits.”

3. When the matter is taken up for consideration, the learned counsel for applicants submits that, as per the relief prayed for by the applicants, 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 applicants further relied upon the order passed by this Tribunal in OA/777/2022 dated 10.08.2023 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 applicants herein are also entitled for the relief as regards the grant of one notional increment on and from the 1st day of July of their respective years 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 exchange of communication in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representations of the applicants dated 04.01.2024, & 23.10.2023 (Annx.- 02 to OA) and dispose of the same for grant of one Notional Increment 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/

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