CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1061/2025 This the 21^st day of April, 2025 Hon’ble Dr. Anand S. Khati, Member (A)

Kusumakar Thakur (Ex-Assistant Director, NSSO (FOD)

Sub – Regional Office, Purnia (Bihar)

PPO – 329911400317 dated 31.07.2014 S/o Lat. Sh. Basudeo Thakur House No. A-12 A&B, Om Vihar Uttam Nagar West Delhi - 110059 … Applicant (By Advocate : Mr. Suresh Tripathi with Ms. Indu)

Versus

1. The Director (Admin)

Department of Personnel & Training Ministry of Personnel, Public Grievances and Pensions, Government of India, North Block, Central Secretariat, Raisina Hills, New Delhi – 110001

2. The Additional Director General National Sample Survey Organisation (FOD)

Sankhiyki Bhawan, GPOA Building at CBD Shahdara Near Karkardoma Court Delhi - 110032 … Respondents (By Advocate : Mr. Anil Kumar Mishra)

O R D E R (ORAL)

By way of the present OA, the applicant seeks the following reliefs:-

“A. That Hon’ble Tribunal may graciously be pleased to pass an appropriate Direction/s or order/s, thereby, directing the respondents to grant notional increment to the applicant (who superannuated on 30^th June 2014) and whose notional increment was due on 1^st July, 2014 (one day after his superannuation on June 30^th 2014) for the pension and other pensionary benefits (like enhanced pension, enhanced gratuity, enhanced leave-encashment, enhanced commutation amount of pension and arrears) as the applicant had completed one full year of service with good conduct on – 30th June of 2014 (from

01.07.2013 to 30.06.2014) – one full year.

B. Any other relief which the Hon’ble Tribunal deem fit, proper and appropriate may also be granted to the applicants along with the costs of litigation.”

2. The applicant retired from service on 30.06.2014. At the time of superannuation, the applicant was entitled to an annual increment on 01.07.2014. However, the respondents failed to grant him this increment, which impacted his pensionary benefits in a perennial manner.

3. 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/1st January for pensionary benefits.

4. 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 i