CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH Dated this the 23rd day of January, 2026 CORAM:

Hon’ble Shri Jayesh V. Bhairavia, Member (J) Hon’ble Dr. Hukum Singh Meena, Member (A)

Dalsukhbhai Bhalia S/o. Ramjibhai Bhalia Aged 79 years, Retired Resident of Krupa, Block-17A-1 Shardanagar Society, Street-5 Near Panchayat Nagar, University Road Saurashtra University Road, Rajkot – 360 005. …..…………………. Applicant (By Advocate :Ms. Vilas Purani)

VERSUS

1. Union of India, Notice to be served through The Secretary, Ministry of Finance Department of Revenue North Block, New Delhi – 110 001.

2. The Secretary Department of Pension and Pensioners Welfare Loknayak Bhavan, Khan Market, New Delhi – 110 001.

3. The Commissioner of Customs & Central Excise Now Central G.S.T Bhavan, Race Course Road, Nr. Income Tax Office, Rajkot – 360 001……………………. Respondents (By Advocate: Mr. H.D. Shukla)

O R D E R (ORAL)

Per : Hon’ble Shri Jayesh V. Bhairavia, Member (J)

1. Being aggrieved by non-grant of notional increment due on

01.07.2006, the applicant has preferred this Original Application under Section 19 of the Administrative Tribunal Act, 1985 and seeking relief for issuance of direction upon the respondents to grant one notional increment and revision of his pension and pensionary benefits.

2. Considering the facts and the grounds stated in M.A.215/2025 (Condonation of Delay), the same is allowed.

3. Learned counsel for the applicant submits that the applicant herein superannuated from the post of Superintendent while working under the respondents on 30.06.2006. The applicant has not been granted notional increment falling due on the very next date of his/her retirement i.e. 01^st July.

3.1 Learned counsel for the applicant submits that issues for extending the benefit of grant of one notional increment falling due on the very next date of the superannuation/retirement of the Central Government employee (who retired on 30^th June or 31^st December and notional increment fall due on 01^st July or 01^st January respectively has been decided by various judicial forums across the country including that by the Hon’ble Apex Court.

In this regard, learned counsel would rely upon the judgment dated 11.04.2023 passed by the Hon’ble Apex Court in case of the Director (Admn. & HR) KPTCL &Ors. V/s. C.P.Mundinamani & Ors. in Civil Appeal No. 2471/2023.

3.2 Learned counsel also relied upon the subsequent common order/judgment dated 19.05.2023 passed by Hon’ble Apex Court in SLP (C) No.(s) 4722/2021 (Union of India & Anr. Vs. M. Siddaraj & other connected petitions/applications and submits that the Hon’ble Apex Court by referring and relying upon the judgment rendered in Civil Appeal No. 2471/2023 dated 11.04.2023 by the Hon’ble Apex Court in the matter of Director (Admn & HR) (supra) disposed of all group of SLPs. Learned counsel would also rely upon the order passed by this Tribunal in OA No. 314/2022 dated

13.06.2023.

Accordingly, learned counsel for the applicant submits that the similar issues in respect of grant of one increment to the Government employees has been settled by the Hon’ble Apex Court and, therefore the respondents’ action/stand in denying the increment, which becomes due on the last date of his service, is not sustainable.

4. Per contra; Mr. H.D.Shukla, learned counsel for the respondents, opposed the claim of applicant and submitted that the annual increment is given to employee on completion of one year service. The applicant herein, had retired/ superannuated from Government service w.e.f. 30.06.2006 and as such, the applicant was not in Government Service on 01.07.2006. Therefore, applicant is not eligible to receive annual increment which falls due on the next date of his retirement.

4.1 Further, it is submitted that the Judgment passed by the Hon’ble Madras High Court in the case of P. Ayyamperumal V/s. Union of India dated 15.09.2017 directing the Government of India dated 15.09.2017 to grant annual increment falling on 01^st July of the year to the employ