CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI.

ORIGINAL APPLICATION No.1002/2025 Date of Decision: 23^rd January, 2026.

Coram: Hon'ble Shri Umesh Gajankush, Member (J) Hon'ble Shri Sangam Narain Srivastava, Member (A)

Rakesh Kumar Gaur, Age 66 years Retd. Superintendent of Customs (P)

At the office of Principal Commissioner of Customs (General), Mumbai Customs Zone) -11, Air Cargo Complex, Sahar, Andheri (East), Mumbai 400 099.

Residing at G1 1001, Supertech Ecovillage-1, Sector-1, Greater Noida (West), District: Gautam Buddha Nagar, Uttar Pradesh, Pin-201306. Mobile No: +91 97570 85950.

Email-id: rockygaur277@gmail.com. .... Applicant (By Advocate Shri Rohit Jadhav i/b Shri Vishal Shirke)

Versus

1. Union of India, Through the Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi-110 001

2. The Chairman, Central Board of Indirect Taxes & Customs, North Block, New Delhi - 110 001.

3. The Principal Commissioner of Customs (General), Mumbai Customs Zone-II, Air Cargo Complex, Sahar, Andheri (East), Mumbai - 400 099. ... Respondents

ORDER (Oral)

Per : Shri Umesh Gajankush, Member (J)

In the present case, notices were issued on 09th December, 2025 and served upon the respondents on 01st January, 2026 as per track report submitted by the Registry. Since the issue involved is finally settled by the Hon’ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., 2023 SCC Online SC 401 and in the case of Union of India & Anr. Versus M. Siddaraj, MA Diary No.2400/2024 in Civil Appeal No.3933/2023 dated 20.02.2025 and the same has been implemented by the DoPT by way of OM dated 20.05.2025, therefore, the matter has been taken up for final disposal at the admission stage.

2. The applicant has retired on superannuation on 31.12.2018. He is claiming notional increment which he claims was due to him on 01.01.2019. The applicant submitted various representations to the respondents seeking grant of notional increment. Last such representation is dated 09.07.2025 to the respondent no.3.

The same has not been replied till date. Hence, this OA.

3. Learned counsel for the applicant has placed reliance on the decision of Hon’ble Supreme Court in the case of Union of India & Ors. Vs. P. Ayyamperumal Special Leave Petition (Civil) Diary No(s).22283/2018 dated 23.07.2018 whereby the order of Hon’ble High Court of Madras was upheld and SLP was dismissed. He has also placed reliance on the decision of Hon’ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. (supra) wherein the Hon’ble Apex Court has held that the employees retiring on 30th June/31st December are entitled for annual increment on the next date of their retirement i.e. 01st July/01st January.

4. Further, it is submitted that MA Diary No.2400/2024 in Civil Appeal No.3933/2023 in the case of Union of India & Anr. Versus M. Siddaraj has already decided on 20th February, 2025 by the Hon’ble Supreme Court.

5. We have considered the submissions of learned counsel for the applicant.

6. The Hon’ble Supreme Court on 06.09.2024, while hearing MA No.2400/2024 filed by Ministry of Railways along with several Intervention Applications tagged therewith, Hon’ble Supreme Court took note of the pending Petition (Dy. No.36418/20245) filed by Union of India seeking review of its order dated 11.04.2023 in CA No.2471/2023 in the matter. While observing that the issue raised in the applications requires consideration insofar as the date of applicability of the judgment dated 11.04.2023 in CA No.2471/2023 to third parties is concerned, Hon’ble Court issued following directions, by way of an interim order, to prevent any further litigation and confusion:

(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 30.04.