Compliance with prior tribunal orders regarding pension increments validly determined by the court.

ORDER

By Justice Rajiv Joshi, Member (J):-

Heard Shri Santosh Kushwaha, learned counsel for the applicants and Shri Atul Shahi, learned counsel for the opposite parties.

2. The Instant Contempt Petition has been filed by the applicants, who are 41 in numbers under Section 17 of the Administrative Tribunal Act 1985 for non-compliance of the order dated 22.08.2024 passed in Original Application No.929/2024, by which, following direction has been issued :-.

14. Therefore, looking to the aforesaid certain positions of law, the OA is allowed and ordered:-

(i) Applicants are entitled for one notional increment falling due on the very next date i.e. 01st July of the relevant years.

ii) The respondents are directed to issue the revised PPOs within a period of four months and will pay the arrears thereof in favour of the applicants within the aforesaid period of four months from the date of receiving the certified copy of this order otherwise the simple interest will also be payable at the rate of 6% per annum from the date of filing of this O.A. till the date of actual payment. However, it is made clear that the arrears of applicants save and except Applicants 1 to 23 will be payable only for the period of three years just before the date of filing of this O.A. i.e. on 20.08.2024.

3. Learned counsel for the respondents submits that he has already filed compliance affidavit on 30.10.2025, wherein it has been stated that the respondents issued a revised PPO after granting one Notional Increment in favour of the applicants and also due arrears was paid to the applicants as per judgment of Apex Court. Therefore, the order passed by this Tribunal has already been complied with in view of the interim order dated 06.09.2024 and final order dated 20.02.2025 passed by the Apex Court in Diary No.2440/2024, 35783/2024, 35785/2024 and 35786/2024.

4. Learned counsel for the applicants submits that the revised PPO has been issued in favour of eligible applicants, but other direction of this Tribunal have not been complied with as the interest have not been paid to the applicants. Therefore, the order of this Tribunal has not been complied with.

5. It reflects from the record that the Apex Court in Miscellaneous Application i.e. Diary No. 2400/2024 in Special Leave Petition (c) No. 4722/2021 passed an interim order, by taking into consideration the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023 in Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. passed an Interim Order/Clarification dated 06.09.2024 for third parties, which reads as under:-

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 (sic 30.04.2023) 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 been preferred, or if filed, is entertained by the appellate court.

(d) In case any retired employee