CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH (Circuit Sitting at Vijayawada)

OA No. 021/314/2021 th HYDERABAD, this the 19 March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Between:

Ramalingeswara Swamy, S/.o Perayya Sastry, Age 63 yrs, Occ: Retd SO/G, R/o H No 30-272/3/2/4, Plot No 51-B, SNC 262, Road No 8, Santhoshima Nagar colony, Neredmet, Hyderabad. …Applicant (By Advocate Mrs.Anita Swain)

AND

1. The Union of India Rep by its secretary, Department of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai 400001.

2. The Chief executive, Nuclear Fuel Complex, Department of Atomic Energy, ECIL Post, Hyderabad-500062.

3. Deputy Executive (Administration), Nuclear Fuel Complex, Department of Atomic Energy, ECIL Post, Hyderabad-500062.

…Respondents (By Advocate:Mr.V.Vinod Kumar, Sr. PC for CG)

ORAL ORDER (As per Hon’ble Dr.Lata Baswaraj Patne, Judicial Member)

By this original application, the applicant is seeking the following reliefs:

“To call for the records, by declaring the DAE OM No 4/4/2011-SCS/Vol.VI/5157 dated 3-8-2020, DAE OM No 4/4/2011-SCS/Vol.VI/9078 dated 18-11-2020 & NFC/ADM/Estt.I/EC-3326/46151 1700748/2021, dated 03.03.2021 of the respondents for discontinuation of the two additional increment w.e.f 13-6-2017, by downgrading the pension of the applicant from Rs.87,025 to 85,550/- and recovering the excess amount of Rs.1,475/- from basic salary with DR w.e.f. 1.9.2017, excess commutation amount Rs.58,014/- along with leave encashment of EL for 300 days without any notice as illegal, arbitrary and violation Articles 14 and 21 of constitution of India, and contrary to the Presidential order dated 3-2-1999 and the order of Hon'ble High court of Kerala dated 18-1-2007 in WP © No.29358 of 2004 batch, that too confirmed by the Hon'ble Supreme Court by dismissing SLP Nos.555& 558 of 2008, apart from violation of natural justice, and to quash the orders, and consequently, to direct the respondents - (a) to revise the value of 2 increment from 1-1-2016 as per VII CPC and to fix the correct Notional Pay of the Applicant for calculating the pension and pensionary benefits by treating the two increment as pay by adding to retired SO/G in the pay drawn by him on the day of his retirement and re-compute his pension; and (b) consequently, to direct the respondents to release the arrears after revision of increment and other consequential benefits with interest at the rate of 12% per annum with quarterly rests from the date on which the same has become due and payable till the date of actual payment; and © further, declare that the applicant is entitled for the costs of the litigation thrust on him by the respondents not extending the benefits and pass such other order and further orders as are deemed fit and proper in the interest of justice.”

2. The brief facts, in a nutshell, are that the applicant was appointed by NFC, Hyderabad (Under DAE), as Scientific Assistant ‘A’ on 07.10.1979, and subsequently, promoted to Scientific Officer-D on 01.08.1995, and thereafter promoted to Scientific Officer-G, and superannuated on 31-08-2017. The Presidential order was issued 03-02-1999, sanctioning two additional increments to Scientist D to G. On 04-06-1999, when the department issued a memo stating that special pay not be treated as pay for the purpose of DA & HRA, but the same may be treated as pensionary benefits w.e.f 01.01.1996, the same was agitated by the similar ISRO Scientists/Engineers in the Hon'ble High court of Kerala, by filing Writ Petition (Civil) No. 29358, 29710 and 31525 of 2004, and the Hon'ble High Court of Kerala, by an order 18.01.2007, made it clear that the two additional increments shall be counted as pay for all purposes including pension. Against order of the Hon’ble Kerala High Court, the respondents filed SLP No. 555 to 558/2008, which got dismissed on 04-04-2011, and the said judgment obtained finality. When the respondents did not extend the benefits to appl