Shyam Lal Yadav vs Union Of India Through General Manager, Head Quarter, North Central Railway, Subedarganj, Prayagraj And Others

Dr. Sanjiv Kumar, Member (A)

Shri S.M. Ali, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents are present.

The compendium of the facts narrated in the instant original application is that the applicant are seeking one notional increment with all consequential benefits with effect from 1st July of the year in which applicant retired from Government Service on 30.06.2023. They also seek a direction to the respondents to release their entire arrears of pension and other emoluments payable to them as a consequence of the above said notional increment from the due date along with interest.

I have heard learned counsel appearing for the parties and gone through the documents on record.

Submission of learned counsel for the applicant is that the applicant retired on 30.06.2023. Since notional increment was not granted to them. It was next argued that despite repeated requests made by the applicant, the respondents denied them the benefit of notional increment. Learned counsel for the applicant also referred to the Supreme Court order and

argued that the issue has already been settled by the Hon’ble Supreme Court. Thus, prayer was made that this original application be allowed at this stage itself.

Learned counsel for the respondents opposed the prayer made by learned counsel for the applicants and argued that the applicant retired on the last date of June and they were not in service in July, therefore, notional increment cannot be allowed to them.

I have considered the rival contentions advanced by the learned counsel appearing for the parties

As the facts of the case have already been stated above in detail, the same are not reiterated for the sake of brevity. Issue regarding grant of one notional increment to the employees who retired on 30th June of the year was considered by the Hon’ble Supreme Court of India in judgment dated 11.04.2023 passed in case Civil Appeal No. 2471 of 2023 titled The Director (Admn. And HR) KPTCL & ORs. Versus C.P. Mundinamani & Ors. wherein the Apex Court has approved and upheld the view taken by different High Courts regarding granting of one annual increment earned by the employees on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently. Thus, there is no scope to take a contrary view with the view taken by the Apex Court in the aforesaid case.

Accordingly, in view of the above quoted deliberations, the instant OA is liable to be allowed and is accordingly, allowed at the admission stage itself. Respondents are hereby directed to issue one notional increment to the applicant and further issue revised PPO thereby granting them all consequential benefits. The said exercise be completed within a period of three months from the date of this order without fail. All associated MAs stand disposed of accordingly. There shall be no order as to costs.