Central Administrative Tribunal Principal Bench, New Delhi O.A. No.3362/2024 This the 06^th day of November, 2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member(A)

1. RAJ KUMAR MTS (ID 41120161011801W) House No. C-1/205, Madhu Vihar Uttam Nagar, New Delhi 110059

2. Bal Kishan MTS (ID 41120171026101X) House No. WZ 231A Raj Nagar, Part II Palam Colony, New Delhi – 110059.

...Applicant (By Advocate: Mr. Rakesh Kumar Yadav)

Versus

1. Union of India, through Secretary, Ministry of Defence D (Pay/Services), South Block, New Delhi-110001.

2. The Chief of the Air Staff Air Headquarters, (VB), New Delhi-110001

3. The Air Officer Commanding MCC, Air Force Station Basant Nagar, New Delhi 110010

4. Principal Controller of Defence Accounts Draupadi Ghat, Allahabad, (U.P.) 211014 ...Respondents (By Advocates: Mr. L C Singhi)

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):

“(i) to direct the Respondents to consider and pay to the Applicant No.1, one notional increment for the period from 01.07.2015 to 30.06.2016, as he has completed one full year of service and eligible for the same, though his increment fell on 01.07.2016 but the same was not paid to him and Applicant No.2, one notional increment for the period from 01.07.2016 to 30.06.2017, as he has completed one full year of service and eligible for the same, though his increment fell on 01.07.2017 but the same was not paid to him.

(ii) to consider the facts and circumstances of the Applicant No.1 herein and issue fresh corrigendum PPO after Notional Increment wef 01.07.2016 and Applicant No.2 herein and issue fresh corrigendum PPO after Notional Increment w.e.f. 01.07.2017 pay Applicant's Pensionary benefits and other consequential benefits accordingly, as they are entitled for grant of last increment due, as per decision of the Hon'ble Madras High Court in the case of P. Ayamperumal Versus the Registrar, Central Administrative Tribunal, Madras Bench and Others (W.P. No. 15732 of 2017, decided 15.09.2017). on (iii) to award interest @ 12% per annum on the arrears from the date of release from service and Rs.50,000 towards cost of litigation, mental agony and harassment to the Applicant.

(iv) to pass such other order / orders as this Hon'ble Tribunal may deem fit just & equitable in the facts and circumstances of the case. in the interest of justice.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicants are superannuated on 30^th June of the respective year of their retirement. The applicants are seeking the benefit of one notional increment due to them. The applicants represented before the respondents, but no relief has been provided till date. Being aggrieved, the applicants approached this Tribunal and prayed for the aforesaid relief(s).

3. The applicants are 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 The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., reported in (2023) SSC 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 1st 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 fil