CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No. 757/2025 This the 21st May, 2025 HON’BLE DR. ANAND S KHATI , MEMBER (A)

Shri Anil Kumar Arora C/o K C Arora B-161 1^st Floor, Block B, Beside EDEN Hospital, East of Kailash, South Delhi-110065 .…Applicant (By Advocate : Mr Vibhor Verdhan with Ms Manisha Mehta)

VERSUS

1. Union of India Through its Secretary, Department of Personal and Training, North block Central Secretariat, New Delhi-11000 1

2 . Controller General of Defence Accounts, Ulna Batar Road, Palam, New Delhi:- 110010.

.... Respondents (By Advocate : Mr Pradeep Kumar Sharma)

ORDER (ORAL)

The Applicant joined the respondent-Principal Controller of Defence Accounts on 16.03.1979 at the post of LDC/Clerk and superannuated as Senior Auditor on 30.06.2015 i.e one day prior when their notional increment was due. Thereafter, the applicant submitted the representation before the respondents on 09.07.2024 (Annexure A/3) but the respondents have not granted him the notional increment, which was due to him on 01.07.2015. Aggrieved by the same, the applicant approached this Tribunal seeking the following reliefs:-

“(i) allow the present OA and Applicant be given one notional increment for the purpose of pensionary benefits;

(ii) direct the respondents to re – fix/revise the pensionary benefits of the applicants and arrears alongwith interest be paid within a definite time-

frame (iii) Pass such other and further orders, which this Hon’ble Tribunal may deem fit and proper, in the facts and circumstances of case.”

2. The applicant is seeking payment of notional increment based on the judgement of Hon’ble Apex court on 11.04.2023 in Civil Appeal No. 2471/2023 (SLP No. 618507/2020) titled as Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others, reported in (2023) SCC Online SC 401, wherein benefit of notional increment was granted to the employees retiring on 30^th June/31^st December and their increment is due on 1^st July/1^st January for pensionary benefits.

3. In view of the judgment passed by the Hon’ble Apex Court in the matter of grant of notional increment to such government employees, who are superannuated on a day prior to the date on which the increment was due, the only matter to be considered was the date of implementation of the said order. The judgement of the Hon’ble Apex Court was reviewed once again on account of a petition filed by the respondents in Union of India & Anr. vs. M. Siddaraj wherein the Hon’ble Apex Court passed the following order on 06.09.2024:-

“It is stated that the Review Petition in Diary No.

36418/2024 filed by the Union of India is pending.

The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled “Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others”, to third parties is concerned.

We are informed that a large number of fresh writ petitions have been filed.

To prevent any further litigation and confusion, by of an interim order we direct that:

(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to

31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been4 preferred, or if filed, is entertained by the appellate court.

(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment w