CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Justice Akhil Kumar Srivastava, Mrs. Mallika Arya, JJ
Subhash Chandra Chauhan – Appellant
Versus
Union of India through General Manager, Western Railway – Respondent
| Table of Content |
|---|
| 1. factual background of applicants and their retirements. (Para 1 , 2 , 3) |
| 2. arguments based on supreme court precedents. (Para 4 , 5 , 6) |
| 3. court's analysis and directives regarding increments. (Para 7 , 8 , 9) |
| 4. ratio decidendi regarding pension adjustments. (Para 10) |
| 5. final conclusions and orders issued by the court. (Para 11 , 12 , 13) |
O R D E R
By Akhil Kumar Srivastava, JM.-
The only question that arises for consideration is as to whether an employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year, as the case may be.
2. Since the issue involved in all these Original Applications is common in nature, they are being decided by way of a common order.
3. While the applicants in some of the cases have retired on 30th June, others retired on 31st December. They are aggrieved that they have not been granted the benefit of increment, which was otherwise due to them, only on the ground that by the time the increment became due, they were not in service.
4. Learned counsel for the applicants have relied upon the decision of Hon’ble Suprem
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