Sarvam Balaram vs Central Public Works Department - 2024 Supreme(Online)(CAT) 10296

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2024 Supreme(Online)(CAT) 10296

CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 20^th day of June, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member
1) Sarvam Balaram, S/o Sarvam Vekata Rajam, Aged about 64 years, R/o: Plot No:47, Vignanapuri, Behind metro, VTC: Kukatpally, PO: Kukatpally, Sub Dist: Tirumalagiri, Hyderabad, Telangana - 500 072.
2) Tanjore Shanmugam Vivekannanda, S/o Late Tanjore Shanmugam Pillai, Aged about 62 years, R/o: 1-1-79, Flat No. 102, Badam Nest Apartments, Jawahar Nagar, Musheerabad, Hyderabad, Telangana-500 020.
3) N.Adi Sesha Rao, S/o Satyanarayana Rao, Aged about 64 years, R/o. H. No. 2-38, Plot No. 10, Flat No. 102, Opp. Bharat Petrol Pump, Tara Nagar (Citizens Colony), Near Janasri Nursing Home, Serilingampalli, Hyderabad - 500 019.
4) Syed Ahmed, S/o. Mohd Nisar Ahmed Inamdar Jawargl, Aged about 64 years, R/o: # 5-993/28/52, Ring Road, Near Tippu Sultan Chowk, Akbar Bhag Colony, GBN Gunj, Gulbarga, Karnataka - 585 104.
5) Konda. Venkateswarlu, S/o Konda. Ilaiah, Aged about 71 years, R/o: Flat No:302, H.No: 8-2-703, Amurtha Valley Pentagon, Road No: 12, Banjara Hills, Hyderabad -500 034
6) G.Ravindranath, S/o Bangaru Naidu, Aged about 64 years, R/o: Flat No: 17/4, A Block, 4th Floor, Madhu Park Ridge Apartments, Near Tippukhan Bridge, Bandlaguda Jagir, Hydershakote, Gandhamguda, Ranga Reddy Dist, Telanagana -500 008 ..... Applicants.
(By Advocate: Mr. Thupili Reveendra Babu )
Vs.
Union of India, Through
1. The Secretary, Ministry of Housing & Urban Affairs, Room No.122-C, Nirman Bhawan, Maulana Azad Road, New Delhi-110011.
2. The Secretary, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, North Block, New Delhi - 110 001
3. The Director General, Central Public Works Department, A-Wing, Room No. - 101, Nirman Bhawan, New Delhi - 110 011
4. The Additional Director General, CPWD, Nirman Bhavan, Koti, Hyderabad, Telangana -500 095.
5. The Chief Engineer - Hyderabad, CPWD, Nirman Bhavan, Koti, Hyderabad, Telangana -500 095.
6. The Executive Engineer (Civil), Hyderabad Central Electric Division I, CPWD, Nirman Bhavan, Koti, Hyderabad, Telangana -500 095.
7. The Executive Engineer (Electrical), Hyderabad Central Electric Division I, CPWD, Nirman Bhavan, Koti, Hyderabad, Telangana -500 095.
... Respondents (By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)
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ORAL ORDER

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

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

“This Hon'ble Tribunal may be pleased to direct the Respondents to i) to, grant another increment, notional increment, due for all the Applicants, who retired on 30th June/31st December of any particular year, which would be payable on the 1st of the next month of their respective dates of retirement;

ii) to revise the pensions of all the Applicants, and to pay their respective arrears at the earliest; and iii) to pass such other such relief/reliefs, which the Hon'ble Tribunal deems fit 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. The learned counsel for the applicants further relied upon the order passed by this Tribunal in OA/187/2020 dated 21.11.2023 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 applicant is 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 15.04.2024; 16.04.2024; 23.04.2024 & 08.05.2024 respectively and dispose of the same for grant of one Notional Increment as on 1^st 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. It is also made clear that our direction will not extend the period of limitation.

7. Accordingly, the O.A. is disposed of. No order as to costs.

(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)

ADMINISTRATIVE MEMBER JUDICIAL MEMBER /KR/

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