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Judgment
O R D E R
By Mallika Arya, AM
Through this Original Application, the applicants are seeking direction to the respondents for grant of benefit of one notional increment due on 1st January of the next year, with all consequential benefits.
Briefly stating, the facts of the case are that the applicant no. 1 was an employee of the Respondent no. 2 and retired on 31.12.2016. The husband of the applicant no. 2, expired on 18.06.2024. He was also a regular employee under the respondent no. 2 and he retired on 31.12.2016. The applicants are praying that the employees having rendered one year service and retired on 31st December, are eligible for grant of one notional increment due on 1st January of the next year.
Reply has been filed on behalf of the respondents.
We have considered the matter, heard the counsels and perused the pleadings and documents annexed with the original application.
The only question that arises for consideration is as to whether an employee, who retired on 31st December in a preceding year, is entitled for the benefit of increment due on 1st January of the subsequent year.
The applicant no. 1 and Husband of applicant no. 2 retired on 31st December. They are aggrieved that they have not been granted the benefit of increment, which was otherwise due to them, only on the ground that by the time the increment became due, they were not in service.
Learned counsel for the applicants has relied upon the decision of Hon’ble Supreme Court in case of Director (Admn, and HR) KPTCK and Ors. Vs C.P. Mundinamani & ors. bearing Civil Appeal No.2471 of 2023, decided on 11.04.2023 [2023 SCC Online SC 401] wherein the Hon’ble Supreme Court has held as under:-
"In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of the service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as costs." [Emphasis supplied]
In the case of Union of India & Anr. Vs. M. Siddaraj [Special Leave Petition (C) No.4722/2021], their Lordships have issued interim directions dated 06.09.2024, and have held that the benefit of one increment will be given w.e.f. 01.05.2023 with no retrospective effect.
We are of the considered opinion, there is no impediment to grant relief prayed by the applicants subject to verification of factual aspects from the service records and eligibility.
The respondents are directed to consider the case of the applicants by treating this Original Application as a representation and pass appropriate orders for grant of benefit of annual notional increment w.e.f. 1st January, as the applicant stood retired on 31st December of preceding year. In case the applicants are found eligible for grant of such annual increment, the respondents are directed to do needful and grant the notional increment to the applicants within a period of 90 days from date of receipt of certified copy of order. The enhanced pension on account of notional increment shall be payable w.e.f. 01.05.2023 only.
With the above observations, this O.A. stands disposed of. Miscellaneous Application(s), if any, pending also stands disposed of. Central Administrative TribunalNo order as to costs.