CENTRALADMINISTRATIVETRIBUNAL HYDERABAD BENCH HYDERABAD, this the 3rd day of April, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member M. Ashok Sayanna, S/o M. Sayanna, aged 65 years, R/o H. No. 14-3-316/13, Arya Samaj, Goshamahal, Laxmi Narayana Bagh, Begum Bazar, Nampally, HYDERABAD-500012.
..... Applicant.
(By Advocate : Mr. V Venkateswara Rao)
Vs.
1. Union of India, rep. by The Under the Secretary to Govt of India, Ministry of Personnel, Public Grievances & Pension (Dept of Personnel &
Training) North Block, Control Secretariat, New Delhi 110 001.
2. The Govt of India, Ministry of Railways (Railway Board), Rail Bhavan, New Delhi 110 001.
3. The Director General (HR), Railway Board, New Delhi-110 001.
4. The Principal Chief Personnel Officer, HQRS Office, Personnel Branch, South Central Railway, Secunderabad - 500071.
5. The Sr. Divisional Personal Officer, Hyderabad Division, HYDERABAD BHAVAN, South Central Railway, Secunderabad - 500071.
... Respondents.
(By Advocate: Mr. B Siva Sankar, Sr. PC for CG)
----
ORAL ORDER
(As per Hon’ble Dr.Lata Baswaraj Patne, Judicial Member)
Heard Mr. V Venkateswara Rao, learned counsel for the applicant and Mr. B Siva Sankar, learned counsel for the respondents.
2. By this Original Application the applicant is seeking the following relief(s):
“Therefore, the applicant herein pray that this Hon'ble Tribunal may be pleased to direct the Respondents herein to grant the increment due to him on 1st July of 2018, rendered by him on the basis of recent Judgment of the Hon'ble High Court of Telangana, Hyderabad dt. 13-07- 2023 in W.Ps 20926/2020 and batch by holding that he is entitled for grant of the similar benefit with all consequential benefits such as arrears of pay and allowances, pension, leave salary, DCRG and commutation of basic pension amount etc and pass any other order or orders as is deemed fit, proper, necessary and expedient in the circumstances of the case.”
3. When the matter is taken up for consideration, the learned counsel for applicant 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 applicant submitted representations dt. 05.03.2024 to the respondents but the same was not considered.
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 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 dt. 05.03.2024 and dispose of the same for grant of one Notional Increment to the applicant, 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. It is also made clear that our direction will not extend the period of limitation.
7. With the above direction, the O.A. is disposed of at the admission stage.
There shall be no order as to costs.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE) ADMINISTRATIVEMEMBER JUDICIAL MEMBER /RAM/
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