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2025 DAILYLAW 40403 (ALL)

UNION OF INDIA AND 5 OTHERS v. PRESIDING OFFICER CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD AND 7 OTHERS

WRIA/13919/2022 · 2025-08-10

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135677-DB Chief Justice's Court Case :- WRIT - A No. - 13919 of 2022 Petitioner :- Union of India and 5 others Respondent :- Presiding Officer Central Administrative Tribunal, Allahabad Bench Allahabad and 7 others Counsel for Petitioner :- Annapurna Singh Chandel Counsel for Respondent :- J. S. Bundela Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. A substitution application no. 4 of 2025 has been filed, inter alia, with the submissions that respondent no. 5 Santosh Kumar Mishra has died during pendency of the writ petition on 22.05.2025, who is survived by his wife and son and, therefore, they may be taken on record. 2. For the reasons indicated in the application, the same is allowed. The legal representatives indicated in Para 2 of the affidavit are permitted to be impleaded as respondent no. 5/1 and 5/2. 3. This petition is directed against order dated 30.08.2021 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad, whereby the Original Application filed by the respondents has been allowed holding that the respondents shall be awarded one notional increment for the purpose of computing their pension and other retirement dues. 4. The writ petition was filed seeking to question the entitlement of the respondents for the said notional increment. However, the issue raised by the petitioners is no more res-integra as Hon'ble Supreme Court in Director (Admin. and HR) KPTCL and others Vs. C.P. Mundinamani and others : (2023) SCC Online SC 401 has laid down that all those who have retired on 30th June / 31st December are entitled to a notional increment, wherever the increments are granted on 1st July or 1st of January, respectively. However, the said judgement led to disputes pertaining to the entitlement of arrears i.e. from what date the pensioners would be entitled to arrears, which aspect has now been settled by Hon'ble Supreme Court in Misc. Application Diary No. 2400 of 2024 in Civil Appeal No.3933 of 2023 (Union of India and another Vs. M. Siddaraj) vide judgement dated 20.02.2025, wherein Hon'ble Supreme Court has, inter alia, directed that the judgement will be given effect to from the date of judgement i.e. the pension by taking into account one increment will be payable on and after 01.05.2023 and enhanced pension for the period prior to 30th April will not be paid. 5. In view of the above determination made by Hon'ble Supreme Court, the present petition filed by the petitioners is disposed of in light of order passed in the case of C.P. Mundinamani (supra) and M. Siddaraj (supra). The respondents would be entitled to their balance retiral dues as per the notional increment and consequential pension in terms of the directions issued by the Tribunal w.e.f. 01.05.2023. The requisite balance/arrears be paid to the respondents within a period of eight weeks from the date of this order. Order Date :- 11.8.2025 SL/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad