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Judgment
By Justice Rajiv Joshi, Member (Judicial)
Heard Ms. Saumya Mandhyan, learned counsel for the applicant and Shri Rajni Kant Rai, learned counsel for the respondents.
The instant Contempt Petition, u/s 17 of the Administrative Tribunal Act, 1985, has been filed for non-compliance of the order dated 20.01.2026 passed in O.A. No.929/2016 whereby the following directions were issued:
“9.From perusal of records, it appears that main grievance of the applicant has already been redressed as during the pendency of the Original Application, the applicant has been granted promotion to the post of Office Superintendent and further Administrative Officer Grade-III vide order 13.10.2025 notionally and applicant was directed to submit an application for fixation of pay under Fundamental Rule 22(1)(a)(1); however, the applicant did not submit any representation for fixation of pay or for arrears, if any as no document has been brought on record by the counsel for the applicant, which shows that the applicant has submitted an application for fixation of his pay. The applicant,having failed to avail of the remedy already provided under thepromotion order itself, cannot seek adjudication of such issues directly before this Tribunal at this stage. Therefore, it would be appropriate to dispose of the present Original Application, by directing the applicant to file a fresh representation before the respondents in compliance of the promotion order and raising any other relief, for which, he is still aggrieved, within a period of four weeks' from the date of receipt of a copy of this order. Upon receipt of such representation, the competent Authority amongst the respondents to take an appropriate decision in the matter, by passing a reasoned and speaking order, in accordance with law, under intimation to the applicant, within a further period of three months.
10.Resultantly instant original application stands disposed of..”
Learned counsel for the respondents submits that the order of this Tribunal has already been complied with and in this regard a compliance affidavit has also been filed. In para 4, 5 and 6 of the said affidavit, it is stated as under:
“4.That in compliance with the aforesaid directions, the applicant Shri Rajendra Singh submitted a representation dated 02.02.2026 (followed by reminder dated 28.04.2026) seeking:
(i)arrears of pay and allowances consequent upon the notional promotions,
(ii)revision of pension and other consequential retirement benefits,
(iii)interest on arrears of salary, and
(iv)interest on delayed payment of retiral benefits.
The aforesaid representation has been examined and disposed of by the competent authority, i.e., the Pr. Commissioner of Income Tax-1, Agra by a detailed speaking order dated 20.07.2026 issued under F. No. Pr. CIT-1/Agra/CAT Matter/2026-27/2055. The photocopy of the reasoned and speaking order dated 20.07.2026 is being enclosed herewith and marked as ANNEXURE CA-1 to this affidavit.
5.That while disposing of the representation, the competent authority has recorded its findings on the various grounds taken in the representation as under:-
(i)The claim for payment of arrears of pay and allowances consequent upon the grant of notional promotions has been rejected as being inadmissible in terms of paragraph 2(iv), read with paragraphs 3 and 5, of the DOPT Office Memorandum No. 22011/3/2013-Estt. (D) dated 15.11.2018. The aforesaid Office Memorandum specifically stipulated that where a Government servant has retired before actually assuming charge of the promotional post, the benefit of promotion shall be granted only on a notional basis for the limited purpose of fixation of pay and revision of pensionary benefits, and no arrears of pay and allowances shall admissible.
(ii)The claim for interest on the alleged arrears of salary has accordingly been rejected, as the principal claim for arrears of pay and allowances has itself been found to be inadmissible under the applicable rules and instructions.
(iii)The claim for interest on the alleged delayed payment of retiral benefits has also been rejected upon examination of the relevant records. It has been observed that the release of the Death-cum-Retirement Gratuity (DCRG) and the Commuted Value of Pension was delayed solely on account of the pendency of vigilance clearance,which was received only on 21.05.2021. The delay was, therefore, attributable to compliance with the prescribed statutory and administrative procedures and not to any unexplained administrative lapse, negligence, orinaction on the part of the Department.
(iv)Insofar as the revision of pension and other consequential retirement benefits is concerned, it has been directed that the same shall be finalized strictly in accordance with the provisions of the CCS (Pension) Rules, 1972/2021, as applicable, read with the DoPTOffice Memorandum dated 15.11.2018, on the basis of the notional pay already fixed vide order dated 11.12.2025. The jurisdictional authority has further been directed to complete the verification regarding the date on which the applicant's immediate junior actually assumed charge of the promotional post and thereafter to finalize the revision of pension and all consequential retirement benefits expeditiously in accordance with law.
6.That it is to submit here that the directions contained in the judgment and order dated 20.01.2026 have been complied with in both letter and spirit by the passing of the detailed reasoned and speaking order dated 20.07.2026. Furtherconsequential action for finalization of pension revision has been directed to the jurisdictional authorities and is under process.”
On the other hand, learned counsel for the applicant has no objection with regard to the submissions made by learned counsel for the respondents.
In view of above, it is evident that the order of this Tribunal has been complied with. Under these circumstances, the proceedings of the instant Contempt Petition is closed and consigned to record. Notices issued to the respondents have been discharged.
M.A., if any, stands disposed of, accordingly.