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(Open Court)

Central Administrative Tribunal, Allahabad

Bench Allahabad

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Original Application No. 156 of 2026

This the 04^th Day of February, 2026

Present:

Hon’ble Mr. Justice Rajiv Joshi, Member (J)

Jamaluddin Khan, a/a 65 years, S/o late Badiuddin Khan, r/o Mohalla,

Ghosipur (Basic Primary School), Post Bade Kajipur, District Gorakhpur

....Applicant

By Advocates: Shri Pradeep Kumar Dubey

PUNIT Versus

KUMAR

MISHRA

1. Union of India through General Manager, North Eastern Railway,

Headquarters Office, Gorakhpur

2. Divisional Railway Manager, North Eastern Railway, Lucknow Jn.

3. Dy. Chief Signal & Telecommunication Engineer (Construction),

North Eastern Railway, Gorakhpur

…Respondents

By Advocate: Shri Anil Kumar

O R D E R

Heard Shri Pradeep Kumar Dubey, learned counsel for the

applicant and Shri Anil Kumar, learned counsel for the respondents.

2. With the consent of learned counsel for both the parties, the instant

Original Application is being heard and decided finally at this stage itself.

3. The instant Original Application, under Section 19 of the

Administrative Tribunals Act, 1985, has been filed by applicant, seeking

following reliefs:

“8.1 this Hon’ble Tribunal may be pleased to direct the

respondents to grant the one notional increment for the period from

01^st July, 2019 to 30^th June, 2020 for the purposes of pension and

pensionary benefits and accordingly, re-fix the applicant pension

and pensionary benefits and pay the arrears along with admissible

interest thereupon.

8.2 Any other relief, which this Hon’ble Tribunal may deem fit

and proper in the circumstances of the case may be given in favour

of the applicant.

8.3 To award the cost of the Original Application to the applicant.”

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4. Learned counsel for the applicant submitted that the applicant has

retired on 30^th June, 2020 and one increment falling due on the very next

date i.e. 01^st July of the relevant year was not granted to him. He also

placed reliance on catena of judgments pronounced by the Hon’ble

Supreme Court followed by Hon’ble High Court as well as various

Tribunals and submitted that the present case may also be decided by

this Tribunal in the light of the aforesaid judgments/orders. In this regard,

the applicant has filed representation on 31.12.2025, but no heed was

paid.

5. In reply, learned counsel for the respondents submits that the

controversy involved in the present Original Application stands settled by

PUNIT

KUMAR

authoritative pronouncements of the Hon’ble Supreme Court. He further

MISHRA

submits that, subject to the applicant fulfilling the requisite eligibility

conditions, including completion of qualifying service with satisfactory

conduct, the benefit of one notional increment shall be extended to them

in accordance with the directions issued by the Hon’ble Apex Court and

the clarificatory Office Memorandum dated 14.10.2024 issued by the

Department of Personnel and Training.

6. As far as the question of granting the notional increment is

concerned, the law on the point has already been settled by the Hon’ble

Supreme Court in the case of Director (Admn. and HR) KPTCL & Ors.

vs. C.P. Mundinamani & Ors., reported in (2023) SCC online S.C. 401

(Civil Appeal No.(s) 2471/2023 decided on 11.04.2023). The Hon’ble

Supreme Court considered the divergent views of different Hon’ble High

Courts on the issue:-

“Whether an employee who has earned the annual

increment is entitled to the same despite the facts that

he has retired on the very next day of earning the

increment?”

The Hon’ble Supreme Court discussed the matter and

importance of increment and observed that denying the benefit of

annual increment which he has already earned while rendering a

specified period of service with good conduct and efficiency in the

last preceding year, would be punishing a person for no fault. The

Hon’ble Supreme Court did not approve the contrary view taken by Full

Bench of Andhra Pradesh High Court and the view of Kerala and

Himachal Pradesh, High Courts and approved the view of Madras,

Allahabad, M.P., Oris