Basanta Kumar Pati vs UOI

“To allow this application and be further pleased to direct the respondents to implement the order dated 20.04.2024 passed by this Tribunal in OA No. 276 of 2021. And pass any other order/orders, direction/directions as deemed fit and proper by this Hon’ble Tribunal.”

8.

In view of the facts and law discussed above, the impugned order is hereby quashed and the Respondents are directed to grant the benefit of notional increment and consequential benefits to the applicant on furnishing of an undertaking by the Applicant that in case any different view is taken by the Hon’ble Supreme Court in SLP No. 4722/2021, the applicant shall be under obligation to refund the benefit that is extended to him without any demur. In the corresponding orders, a clause can be incorporated to that effect. It is also made clear that extension of benefit of increment shall be subject to fulfilling other conditions under the relevant service rules by the Applicant. The entire exercise shall be completed within a period of 60 (sixty) days from the date of receipt of a copy of this order. 9. In the result, this OA stands allowed to the extent stated above by leaving the parties to bear their own costs.

Delay condoned.

We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:

“(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 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 has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/ impleadment was filed.”

We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:

“(d)

In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed.”

Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in “Union of India &Anr. v. M. Siddaraj”1, as in such cases, clause (a) will apply.

Recording the aforesaid, the miscellaneous applications are disposed of.

We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.

It will be open to any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.

Pending applications including all intervention/impleadment applications shall stand disposed of in terms of this order. Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023, 11336/2024 and 20636/2024

In view of the order passed today in the connected matters, that is, M.A. Diary No. 2400 OF 2024 and other connected applications, the present contempt petitions will be treated as disposed of with liberty to the petitioners to take recourse to appropriate remedies, if required and necessary, as indicated supra. It goes without saying that the respondents shall examine the cases of the petitioners/ applicants in terms of the order passed today and comply with the same expeditiously.

Pending application(s), if any, shall stand disposed of.

(a)

Pass an interim order directing the respondent(s) to stay further proceeding in the matter not to take any coercive action against the applicant.

(b)

Pass any other order(s) as this Hon’ble Tribunal may deem fit an proper in the facts and circumstances of the case.