CHITRANJAN SINGH vs DEPTT OF POSTS
- Court
- Central Administrative Tribunal
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA 3161/2026 with MA No 4043/2026
st
This the 01 day of September, 2026
Hon'ble Mr. Ajay Pratap Singh, Member (Judicial)
1. Chitranjan Singh Son of Late Kapildeo Singh, Retired Sub
Postmaster Dighwara SO, Saran Postal Division Resident of
Postal Colony No 02, Dahiyawan, PO- Chapra HO District
Saran 841301.
2. Ranjit Kumar Singh Son of Mohan Singh, Retired Sub
Postmaster Jalalpur Bazar SO in Saran Postal Division,
Resident of Nagina Singh Colony, near Kashi Bazar, PO-
Chapra HO District Saran 841301.
3. Sarda Ranjan Son of Brejesh Kumar Singh, Retired LSG
Postal Assistant Chapra HO in Saran Postal Dn, Resident of
H No 153 Hansrajpur, District Saran 841208.
…Applicants
(By Advocate:-Mr. Sudhir Kumar Tiwari)
Versus
1. The Union of India, through the D.G cum Secretary
Ministry of Communications & IT, Department of Posts, Dak
Bhawan, Sansad Marg, New Delhi.110001.
2. The Chief Postmaster General, Department of Posts, Bihar
Circle Patna 800001.
…Respondents
(By Advocate: Mr. Bijendra Singh Sharma)
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
O R D E R (ORAL)
As per: Ajay Pratap Singh, Member (Judicial)
MA No 4043/2026
Heard the parties.
2. The Applicant no. 1 was superannuated on 30.6.2023
from the post of SPM, Digwara SO in Saran Postal Division,
in Bihar Circle, Applicant no. 2 retired from post of SPM
Jalalpur Bazar S.O. in Saran Postal Division on 31.12.2022
and applicant no. 3 retired on 30.6.2023 from the post of
LSG Postal Assistant, Chapra H.O. in Saran Postal Division.
3. Applicants are seeking common relief to direct
respondents to grant one notional increment from 1st
July/1st January to the applicants who have been retired
from Central Govt service on 30th June/31st December
respectively for purpose of calculating pensionary benefits.
4. For the reasons stated hereinabove, M.A. No. 4043/2026,
to allow to contest the matter jointly is hereby allowed.
5. Accordingly, M.A. No. 4043/2026 is allowed and disposed
of.
OA 3161/2026
6. The applicants have filed the present OA invoking
jurisdiction of this Tribunal under Section 19 of the AT Act,
1985 seeking following relief(s) [as extracted from the OA]
reads-
“8.1 Lordship may be directed to the respondents to issue fresh PPO to the
restructured and revised the applicants may please be granted increment
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preceding to his superannuation, with effect from next date of
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
superannuation for pensionary benefits may be paid along with 12%
interest in light of Hon’ble Apex Courts judgment.
8.2 Lordship may be directed to the respondents to grant all benefits to the
applicants as a given to the similarly situated employ in Andhra Pradesh
Postal Circle.
8.3 Any other relief/reliefs as the applicants are entitled and Your
Lordships may deem fit and proper in the ends of justice.”
FACTS IN BRIEF
7. Briefly stated facts, as adumbrated by the applicants in
the OA that the Applicant no. 1 was superannuated on
30.6.2023 from the post of SPM, Digwara SO in Saran Postal
Division, in Bihar Circle, Applicant no. 2 retired from post of
SPM Jalalpur Bazar S.O. in Saran Postal Division on
31.12.2022 and applicant no. 3 retired on 30.6.2023 from
the post of LSG Postal Assistant, Chapra H.O. in Saran
Postal Division. They are legally entitled for grant of one
st st
notional increment failing due on 01 January & 1 July of
the respective years with all consequential benefits.
8. Issue notice to the respondents. Sh. Bijendra Singh
Sharma Advocate appearing for respondents on advance
service accepts notices and service of notice to the
respondents is waived of. However, learned counsel for the
applicant presses for final disposal at admission stage of the
present OA. Heard with consent of learned counsel for
respective parties.
9. Short issue for consideration in the present case is
whether applicant who has earned annual increment would
legally entitle to same benefit despite the fact that Applicant
no. 1 retired on 30.6.2023, Applicant no. 2 retired on
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
31.12.2022 and applicant no. 3 retired on 30.6.2023 very
next day of earning the annual increment?
10. To buttress the claim of the applicant, learned counsel
for the applicant has relied upon the decision of Hon’ble
Supreme Court in case of Director (Admn, and HR) KPTCK
and Ors. Vs C.P. Mundinamani & ors. bearing Civil Appeal
No.2471 of 2023, decided on 11.04.2023 [2023 SCC Online
SC 401] wherein Their Lordships held as under:-
"In view of the above and for the reasons stated above, the Division Bench
of the High Court has rightly directed the appellants to grant one
annual increment which the original writ petitioners earned on the
last day of the service for rendering their services preceding one
year from the date of retirement with good behaviour and
efficiently. We are in complete agreement with the view taken by
the Division Bench of the High Court. Under the circumstances, the
present appeal deserves to be dismissed and is accordingly dismissed.
However, in the facts and circumstances of the case, there shall be no
order as costs."
[Emphasis supplied]
11. From perusal of the aforesaid judgment, it is clear that
appellants have been directed to grant one annual increment
which the original writ petitioners earned on the last day of
their service for rendering their services preceding one year
from the date of retirement with good behavior and
efficiently. However, in the said judgment, Review
Application (Dy. No.36418 of 2024) has been preferred by
the Union of India before Hon’ble Supreme Court on
12.08.2024 and Their Lordships on 18.12.2024 has
dismissed the said RA.
12. Even in the case of Union of India & Anr. Vs. M.
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Siddaraj [Special Leave Petition (C) No.4722/2021] and
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
relied upon by learned counsel for the applicant, Misc.
Application No.2400/2024 has been filed before Hon’ble
Supreme Court seeking clarification regarding modalities to
be adopted while implementing its order dated 06.09.2024.
While observing that the issue raised in the applications
requires consideration insofar as the date of applicability of
judgment dated 11.04.2023 in C.A. No.2471/2023 Union of
India Vs. Siddaraj (supra) to third parties is concerned.
Their Lordships issued following directions, by way of an
interim order dated 06.09.2024, to prevent any further
litigation and confusion:-
“a. The judgment dated 11.04.2023 will be given effect to in case of
third parties from the date of the judgment, that is, the pension by
taking into account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to 30.04.2023
(erroneously mentioned as 31.04.2023 in the Order) will not be
paid.
b. For persons who have filed writ petitions and succeeded, the directions
given in the said judgment will operate as res judicata, and accordingly,
an enhanced pension by taking one increment would have to be paid.
c. The direction in (b) will not apply, where the judgment has not attained
finality, and cases where an appeal has been preferred, or if filed, is
entertained by the appellate court.
d. In case any retired employee has filed an application for
intervention/impleadment in Civil Appeal No.3933/2023 or any
other writ petition and a beneficial order has been passed, the
enhanced pension by including one increment will be payable from
the month in which the application for intervention/impleadment
was filed.
This interim order will continue till further orders of this Court. However, no
person who has already received an enhanced pension including arrears,
will be affected by directions in (a), (c) and (d).”
[Emphasis supplied]
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
13. In furtherance to Order dated 06.09.2024 passed in a
Misc. Application, MA No.2400/2024 before Hon’ble
Supreme Court seeking clarification/guidance regarding
modalities to be adopted while implementing its Order dated
19.05.2023 in SLP(C) No.4722/2021 (Union of India Vs.
M.Siddaraj) , DOPT has issued OM No.19/116/2024-
Pers.Pol.(Pay(Pt.) dated 14.10.2024 wherein on the subject
“Grant of notional increment on 1st July/1st January to the
employees who retired from Central Govt. service on 30th
June/31st December respectively for the purpose of
calculating their pensionary benefits-regarding”, relevant
portion whereof reads as under:-
“5. Subsequently, Hon’ble Supreme Court vide Order dated 19.05.2023
dismissed SLP(C) No.4722/2021( Uol Vs. M.Siddaraj ) filed by M/o
Railways on the subject matter with the observation that the appeals filed
therein are squarely covered by the Order dated 11.04.2023 in CA
No.2471 of 2023.M/o Railways filed a Miscellaneous Application (MA
No.2400/2024) before the Hon’ble Supreme Court seeking guidance/
clarification regarding the modalities to be adopted while implementing its
Order dated 19.05.2023.On 22.07.2024, while hearing the matter,
Supreme Court ordered that the learned counsel for the Union of India shall
examine as to whether Union of India needs to file an application in CA
No.2471/2023 disposed of vide judgment dated 11.04.2023.After due
legal consultations on the directions of the Apex Court, this Department
filed a Petition (Dy.No.36418/2024) before Supreme Court on 12.08.2024
seeking review of its Order dated 11.04.2023 which is pending before the
Hon’ble Supreme Court.
6. Meanwhile, on 06.09.2024, while hearing MA No.2400/2024 filed by
M/o Railways along with several Intervention Applications tagged
therewith, Hon’ble Supreme Court took note of the pending Petition
(Dy.No.36418/2024) filed by Union of India seeking review of its Order
dated 11.04.2023 in CA No.2471/2023 in the matter. While observing that
the issue raised in the applications requires consideration insofar as the
date of applicability of the judgment dated 11.04.2023 in CA
No.2471/2023 to third parties is concerned, Hon’ble Court issued following
directions, by way of an Interim Order, to prevent any further litigation and
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confusion:
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
a. The judgment dated 11.04.2023 will be given effect to in case of third
parties from the date of the judgment, that is, the pension by taking into
account one increment will be payable on and after 01.05.2023.Enhanced
pension for the period prior to 30.04.2023 (erroneously mentioned as
31.04.2023 in the Order) will not be paid.
b. For persons who have filed writ petitions and succeeded, the directions
given in the said judgment will operate as res judicata, and accordingly,
an enhanced pension by taking one increment would have to be paid.
c. The direction in (b) will not apply, where the judgment has not attained
finality, and cases where an appeal has been preferred, or if filed, is
entertained by the appellate court.
d. In case any retired employee has filed any application for
intervention/impleadment in Civil Appeal No.3933/2023 or any other writ
petition and a beneficial order has been passed, the enhanced pension by
including one increment will be payable from the month in which the
application for intervention/impleadment was filed,
This interim order will continue till further orders of this Court. However, no
person who has already received an enhanced pension including arrears,
will be affected by the directions in (a), (c) and (d).
Relist in the week commencing 04.11.2024.”
7. The matter has been examined in consultation with D/o
Expenditure and D/o Legal Affairs. It is advised that in pursuance
of the Order dated 06.09.2024 of the Hon’ble Supreme Court
referred above, action may be taken to allow the increment on 1st
July/1st January to the Central Government employees who
retired/are retiring a day before it became due i.e. on 30th
June/31st December and have rendered equisite qualifying service
a on the date of their superannuation with satisfactory work and
good conduct for calculating the pension admissible to them. As
specifically mentioned in the Orders of
8. It may also be noted that these instructions are being issued in
compliance of Interim Orders dated 06.09.2024 of the Hon’ble
Supreme Court in MA Dy. No.2400/2024 without prejudice to the
legal stand of the Union of India in the matter and without prejudice to any
change of law in this regard. Further, the action taken shall be subject to
the final outcome of the Review Petition (Dy. No.36418/2024) pending
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before the Hon’ble Supreme Court which is expected to be heard by the
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Apex Court in the week commencing 04.11.2024.”
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
[Emphasis supplied]
14. Now the nodal Ministry i.e. Ministry of Personnel, Public
Grievances & Pensions with concurrence of Department of
Expenditure and Legal Affairs issued instructions vide OM
dated 14.10.2024, extracted hereinabove. In view of OM
dated 14.10.2024, issued for compliance of Order dated
06.09.2024 of Hon’ble Supreme Court in MA Dy.
No.2400/2024. I my considered opinion, now there is no
impediment to grant relief prayed subject to verification of
factual aspects from the service record and eligibility.
Railway has also issued Circular No.153-DLI-DRM-2024
dated 30.12.2024 in reference to DOP&T OM dated
14.10.2024, Railway Board’s letter dated 03.12.2024 that
“benefit of one notional increment (1st July/1st January)
who have rendered the requisite qualifying service as on date
of their superannuation with satisfactory work and good
conduct for calculating the pension admissible to them and
not for the purpose of calculation of other pensionary
benefits. The pension be taking into account one notional
increment will be payable on and after 01.05.2023.
Enhanced pension for period prior to 30.04.2023 will not be
paid”.
CONCLUSION
15. For the reasons stated hereinabove, the issue is decided
in favour of the applicants and against the respondents. The
present case is squarely covered by Hon’ble Supreme Court
judgment in case of Director (Admn. & HR) KPTCL (supra)
and Union of India Vs. M. Siddaraj (supra), the
respondents are directed to consider the case of the
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applicants and pass appropriate order for grant of benefit of
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Item No. 2(C-5) OA 3161/2026 with MA No 4043/2026
annual notional increment which was to be added w.e.f. 1st
st
January and 1 July of the respective years and in case the
applicants are found eligible for grant of such annual
increment. The respondents are directed to do needful and
grant one annual notional increment to the applicants
within a period of twelve (12) weeks from date of receipt of
certified copy of Order passed today.
16. Consequently, the respondents are further directed to
re-fix the applicants’ pension. The enhanced pension shall
be payable from 01.05.2023 and no enhanced pension for
period prior to 30.04.2023 shall be paid.
17. With above observations indicated in above terms, OA
stands allowed and disposed of at admission stage itself.
18. There shall be no order as to costs.
19. As a sequel thereof, pending Miscellaneous
Application(s), if any, shall also stand disposed of.
(Ajay Pratap Singh)
Member (J)
/ abhay/
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