(Reserved on 08.12.2025)

Central Administrative Tribunal, Allahabad Contempt Petition No.154 of 2025 In Original Application No.511 of 2024 Pronounced on this the12th Day of December, 2025 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Narendra Kumar Srivastava S/o L.N. Lal, retired on 30.06.2014 as Sr. Accountant from the Office of Accountant General (A&E)-II, U.P.

Prayagraj, Resident of 522/3B Rajapur, Uchhwagadi, Prayagraj.

………..Petitioner By Advocate: Shri Kalyan Sundaram Versus

1. Dr. Surendra Kumar, Accountant General (A&E)-II, U.P.

Prayagraj.

2. Sanjay Malhotra, Senior Accounts Officer (Admin), in the office of Accountant General (A&E)-II, U.P., Prayagraj.

….Respondent/Contemnor By Advocate: Shri Udai Chandani

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Heard Shri Kalyan Sundaram, learned counsel for the petitioner and Shri Deepak Maurya holding brief of Shri Udai Chandani, learned counsel for the respondents.

2. Present Contempt Petition has been filed alleging non-compliance of the order dated 16.07.2024 passed by this Tribunal in O.A./511/2024. The operative portion of the judgement is as under:

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

(i) The Applicant is entitled for one notional increment falling due on the very next date i.e. 01st July of the relevant year.

(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 applicant, 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 Applicant will be payable only for the period of three years just before the date of filing of this O.A. i.e. on 10.05.2024”

3. Submission of learned counsel for the respondent is that the Hon’ble Supreme Court had passed an interim order dated 06.09.2024 in M.A. Dy. No.2400/2024 in SLP (C) No.4722/2021 (UOI & Anr. Versus M. Siddaraj) and finally vide its order dated 20.02.2025, the Apex Court has given final directions with regard to grant to notional increment and the claim of all the applicants has been decided in terms of the judgement of the Hon’ble Supreme Court in the aforesaid case. The Apex Court in Miscellaneous Application i.e. Diary No. 2400/2024 in Special Leave Petition (c) No. 4722/2021, 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 ha