CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH (Circuit Sitting at Vijayawada)

OA No. 020/563/2021 th HYDERABAD, this the 19 March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Between:

1. P Prabhakar Reddy.S/o Late P Veerasami Reddy, Age 63 yrs, Occ:Retd. SO/ employee, Gr-A, R/o Plot No.52, Tygaraju Nagar, ECIL PO, Hyderabad, Presently R/o Naga Mangalam (Vill & PO), Chittoor Dist, Α.Ρ.-517132.

2. A. Hari Narayana, S/o A. Vishnu Murthy, age 63 Yrs, PPO No. 461511800545, Occ: retired SO-G. R/o H.No. 1-2-97/120, Hi-Tech Nagar Colony. Yella Reddy Guda, Kapra, Hyderabad 500103.

3. T Lakshmi Reddy, S/o T Balaram Reddy, Age 62 yrs, Occ: Retd SO/E, R/o LIG B 588 Dr.A.S.Rao Nagar, Near ECIOL, Hyderabad-TS.

4. A Sudhakar Rao. S/o A V S Seshavataram, Age 62 yrs, Occ: Retd SO/E, R./o Plot No 27, Road no 2, Yadavanagar, Alkapuri, Hyderabad.

…Applicants (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 Officer, Nuclear Fuel Complex, Department of Atomic Energy, ECIL Post, Hyderabad-500062.

3. The Administrative Officer II, Establishment No-1, 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 applicants are seeking the following reliefs:

“To call for the records and declare the OM No 4/4/2011- SCS/Vol.VI/5157 dated 3-8-2020, DAE OM No 4/4/2011- 18-11-2020, & NFC /ADM/Estt.I/EC-SCS/Vol.VI/9078 dated 3609/2021,NFC/ADM Estt.I/EC-3796, NFC/ADM/ Estt.I/EC-4254, and NFC/ADM/Estt.I/EC-4264/2021 dated 11-8-2021 of 1st and 3rd respondent for discontinuation of the two additional increment w.e.f 13-6-2017 and recovering the excess amounts from applicants, without any notice, as illegal and 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© 29358 of 2004 batch, that too, confirmed by the Hon’ble Supreme Court by dismissing SLP 555& 558 of 2008 1-4-2008, apart from violation of natural justice hence quash the same and consequently 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 Applicants for calculating the pension and pensionary benefits by treating the two increment as pay by adding to retired SO/E and SO/G in the pay drawn by them on the day of their retirement and re-compute their pension;

(b) and consequently 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 with the same has become due and payable till the date of actual payment; and (c) further declare that the applicant is entitled for the costs of the litigation thrust on them by the respondents by 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 applicants were appointed by NFC, Hyderabad (Under DAE) and promoted to SO-D in between 1996 to 2006 and superannuated in between 30-5-2018 to 31-7-2019 as SO/E and SO/G. The Presidential order was issued 3-2-1999 sanctioning two additional increments to Scientist D to G. On 4-6-1999, 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 1.1.1996, the same was agitated by the similar ISRO Scientist /Engineers in the Hon'ble High court of Kerala vide Writ Petition (Civil) Nos. 29358, 29710 and 31525 of 2004, and the Hon'ble High Court by an order 18.1.2007, made it clear that the two additional incremen