CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 4612/2024 This the 23^rd day of April, 2025 Hon’ble Dr. Anand S. Khati, Member (A)

Hon’ble Mr. Ajay Pratap Singh, Member (J)

RAM JI RAI (EX SE UNDER DRM, DELHI DN) ΡΡΟ ΝΟ 20107030290847 RETIRED ON 30.06.2010 AGED ABOUT

74 YEARS, S/O LATE SEWA RAI R/O H. NO 825, SHIV PURI. GHAZIABAD UP201009.

… Applicant (By Advocate : Mr. S K Singh)

Versus

1. UNION OF INDIA, THROUGH SECETRARY, MINISTRY OF RAILWAY, RAILWAY BOARD, NEW DELHI-110001.

2. THE GENERAL MANAGER, NORHTERN RAILWA, HEAD QUARTERS' OFFICE BARODA HOUSE, NEW DELHI-110001.

3. DRM, DELHI DIVISION DRM OFFICE, STATE ENTRY ROAD (NORTHERN RAILWAY), NEW DELHI-110055.

… Respondents (By Advocate: Ms. Sumedha Sharma)

ORDER (ORAL)

Hon’ble Dr. Anand S Khati, Member (A)

By way of the present OA, the applicant seeks the following reliefs:-

“A. Pass an appropriate Direction/s & Order/s, thereby, directing the Respondents (General Manager, Northern Railway & DRM, Delhi Division, New Delhi) to grant Notional increment (on 30th June 2010) to the Applicant who had retired on 30th June 2010 and whose notional increment was due on 1st July 2010 (one day after his Superannuation on June 30, 2010) for the Retiral/Pensionary Benefits (like enhanced Pension and arrears as allowed by Hon'ble Apex court in its interlocutory Order dt. 06.09.2024) as the Applicant had completed one full year of service with full sincerity and good conduct on 30th of June 2010 from 1st July of the previous year 2009 (For Example:- from 1st July 2009 to 30th June 2010-one full year).

B. That any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the Applicant along with the costs of litigation.

”

2. The applicant retired from service on 30.06.2010. At the time of superannuation, the applicant was entitled to an annual increment on 01.07.2010. However, the respondents failed to grant him this increment, which impacted his pensionary benefits in a perennial manner.

3. The applicant is seeking payment of notional increment based on the judgement of Hon'ble Apex court on 11.04.2023 in Civil Appeal No. 2471/2023 (SLP No. 618507/2020) titled as Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others, reported in (2023) SCC Online SC 401, wherein benefit of notional increment was granted to the employees retiring on 30th June/31st December and their increment is due on 1st July/1st January for pensionary benefits.

4. In view of the judgment passed by the Hon'ble Apex Court in the matter of grant of notional increment to such government employees, who are superannuated on a day prior to the date on which the increment was due, the only matter to be considered was the date of implementation of the said order. The judgement of the Hon'ble Apex Court was reviewed once again on account of a petition filed by the respondents in Union of India & Anr. vs. M. Siddaraj, wherein the Hon’ble Apex Court passed the following order on 06.09.2024:-

“It is stated that the Review Petition in Diary No.

36418/2024 filed by the Union of India is pending.

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 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