CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 19th day of March, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member
1. K. Jason Babu, S/o Late K.John, Aged about 63 years, Retired from service, R/o Flat No.403, Plot No. 15 and 30 Sunrise Residency, Road No.3, Opp.Telecom Nagar, Janardhana Hills, Serilingampalli, R.R.Dist, Telangana-500032 3. K. Subba Rao, S/o Late K.V.Rattaiah, Aged about 69 years, Retired from service, R/o Plot No.49, Upstair of Balaji Fashion Studio, Lalithanaga, Adikmet, Hyderabad-500044.
4. K. Sudhakar Reddy, S/o Late Venkata Krishna Reddy, Aged about 62 years, Retired employee, R/o D.No. 7-24, Madhuranagar Colony, Near Konark Theatre, Dilsukhnagar, Hyderabad-500060.
5. Khaja Gulam Sarwar Mohiuddin, S/o Late Khaza Gulam Afzal, Aged about 67 years, Retired Employee, Ro D.No. 15-5-53, Swamy Vivekananda Veedhi, Matwada Warangal, Warangal Dist.
6. Y.Penchala Reddy, S/o Late Y.V.Subba Reddy, Aged about 65 years, Retired Employee, Flat No.301, Lahari Archade, Anjaney Nagar, Moosapet, Hyderabad-500018.
..... Applicants.
(By Advocate : Mr. V V Ramakrishna)
Vs.
1. Union of India Rep. by its Secretary-cum-Chief Statistician of India, New Delhi.
2. The Additional Director General, National Sample Survey Office, Ministry of Statistics & Programme Implementation, New Delhi.
3. The Deputy Director General, NSSO(FOD), 293/7, 1ST FLOOR, R&B COMPLEX, AC GUARDS, Mahaveer Marg, Hyderabad.
... Respondents (By Advocate: Mr. A Vijaya Bhaskar Babu, Addl.CGSC)
-----
ORAL ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
Heard Mr. V V Ramakrishna, learned counsel for the applicants and Mr.
A Vijaya Bhaskar Babu, learned counsel for the respondents.
2. By this Original Application the applicants are seeking the following relief(s):
“This Hon'ble Tribunal may be pleased direct the respondents to grant one increment notionally by considering the representations made by the applicants at the earliest in the interest of justice, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case”
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 wherein the respondents are directed to grant the benefit of one notional increment to the applicants 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 are entitled for the relief as regards the grant of one notional increment on and from the 1st day of July of the 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 an exchange of communication in respect of the grant of notional increment. Therefore, the respondents are directed to consider the representations of the applicants dated 27.03.2019; 26.03.2019; 25.03.2019 and dispose of the same for grant of one Notional Increment as on 1st July of their respective retirement years 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 /KR/
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