ORDER (ORAL)

Hon’ble Mr. Tarun Shridhar, Member (A)

The subject of the OA is the benefit of one notional increment for the purpose of calculation of retiral benefits including pension.

2. Learned counsel for the applicant states that consistently different benches of this Tribunal in a large number of OAs have held that the benefit of notional increment shall necessarily be extended in favour of such employees as retire on 30th June and 31st December for the purpose of computation of their retiral benefits. Thereafter, the matter has been settled up to the level of the Hon’ble Supreme Court. Accordingly, little purpose would be served in keeping the present OA pending and it should be disposed of on the same analogy.

3. Ms. Anupama Bansal, learned Standing Counsel on behalf of the respondents submits that the judgment of this Tribunal as also the Hon’ble Supreme Court, being referred to by the learned counsel for the applicant, would not be applicable in the instant case because the respondent is Municipal Corporation which is a statutory body governed by its own act and rules framed therein. Further, it is an elected body wherein decisions are taken collectively by the members so elected and hence, the instructions governing government servants cannot automatically be applied in the case of Municipal Corporation of Delhi employees, and the corporation itself has to take an appropriate decision especially when it comes to service conditions of its employees. However, it is not disputed that these service conditions are similar to those of Govt. of NCT of Delhi employees.

4. After going through the pleadings on record and giving due consideration to the arguments put forth by the respective counsels, I have no doubt in holding that the subject of this OA has been conclusively decided in a large number of OAs and very recently i.e. on 07.03.2024 in OA No. 951/2024.

5. The order passed in the said OA is reproduced below verbatim :

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:-

“(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 annua