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Judgment
ORDER
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-
“(i)That the Hon'ble Tribunal may graciously be pleased to pass an order, declaring to the effect that the whole action of the respondents not considering the request of the applicant for not granting the due increment to the applicant as on 31st Dec.,/Ist January at the time of retirement of the applicant, for the purpose of granting pensionary benefits to the applicant is totally illegal, arbitrary and against the law of the land and consequently, pass an order directing the respondents to grant the annual increment of the applicant due as on 31 December/Ist January of the respective year of retirement, for the purpose of granting retirement benefits/pension in the light of Hon'ble Madras high court judgment dated 15.9.2017 with all consequential benefits including the difference of retirement benefits/pensionary benefits with interest.
(ii)Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant.”
The applicant has retired from the services of respondents w.e.f. 31.12.2022. Learned counsel for the applicant cited the Hon’ble Apex Court judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. He submits that vide the said judgment, the Hon’ble Apex Court has allowed one notional increment if it was due on the first date of the next month after retirement of a government employee.
Issue notice. Dr. Ch. Shamsuddin Khan, learned Sr. Panel counsel for respondents, who is present in the Court is called upon to appear in the matter. He accepts notice on behalf of respondents.
A series of such OAs have been filed in this Tribunal wherein this Tribunal has directed the respective Department/Ministry to seek appropriate instructions from the Competent Authority amongst the respondents regarding implementation of the aforementioned judgment passed by the Hon’ble Apex Court. In this case also I intend to pass similar order.
With the consent of learned counsels for the parties and without going into the merits of the case, the OA is disposed of at the admission stage itself with direction to the respondents to consider the case of present applicant for grant of notional increment from 01.01.2023 considering the aforementioned judgment dated 11.04.2023 passed by the Hon’ble Apex Court and pass a reasoned and speaking order. This exercise shall be completed within a period of 8 weeks from the date of receipt of a certified copy of this order.
The OA is disposed of in the above manner. No order as to costs.