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Judgment
(As per Hon’ble Mr. Manish Garg, Judicial Member)
In the instant OA, the applicants are seeking the following relief:
“To direct the Respondents to grant the notional increment on 1st July after their retirement of the respective year and also grant the Dearness Allowance due on 1st July following the date of their respective dates of retirement of their respective years in light of the judgment in the case of Union of India & Another Vs M.Siddaraj dated 20-02-2025 and consequently revise the pension and pensionary benefits in terms of payment of Gratuity, Commutation, Leave encashment with interest in the interest of justice w.e.f. 01-07-2016 i.e., from the date three years prior to the filing of O.A.No.629/2019 as confirmed by the Apex Court in Civil Appeal No.3933/2023, dated 20-02-2025, and pass such other order or orders as this Tribunal may deem fit and proper in the circumstances of the case.”
When the matter is taken up for admission hearing, the learned counsel for the Applicants submitted that the various representations dated 28.07.2025 and 16.12.2025, have been made by the applicants pursuant to the catena of decisions rendered in similar circumstances, which they have relied upon in the representations.
Mr.G.Rajesham, learned standing counsel, appears on advance notice and seeks time for getting appropriate instructions in the matter.
Considering the representations, which are yet to be decided by the competent authority based on the proposition of law whether applicable or not is a question to be adjudicated upon by a reasoned and speaking order by the competent authority. If the applicants are so similarly situated, the relief ought to be granted to the applicants whatsoever is also to be followed. Further, we note that merely the applicants were not parties to the said petitions shall not be a ground for rejecting the claim of the applicants. Only a speaking order should distinguish, if come to the conclusion that the applicants are not similarly situated. The distinction has to be drawn by the competent authority, assigning the reason drawing such distinction. The aforesaid order should be passed by the competent authority within 30 days from the date of receipt of a copy of this order.
With the above direction, the OA is disposed of at the admission stage. Pending MAs, if any, also stand disposed of. There shall be no order as to costs.