89 Retirees’ Claims for Increment Due the Day After Retirement: CAT Directs Centre, KVS to Decide Within Six Weeks

The 89 applicants were retired employees of the Kendriya Vidyalaya Sangathan who superannuated on 30 June or 31 December in different years, with an annual increment falling due on the following day.

They sought the benefit of that increment for calculation of pensionary benefits, relying on Supreme Court judgments and the DoPT Office Memorandum dated 20 May 2025.

They referred to examples of similarly situated employees who had received consequential benefits.

The Tribunal allowed the applications for joinder and exemption, then considered the original application.

The Tribunal directed the respondents to consider the representations in light of Union of India & Ors. v. C.P. Mundammai [2023 SCC OnLine SC 312], Siddharaj B. v. State of Karnataka & Ors. [2023 SCC OnLine SC 871], and the DoPT Office Memorandum dated 20 May 2025.

It also required consideration under the applicable rules and instructions and directed that the decision be made by a reasoned and speaking order.

The applicants relied on the cited judgments, the DoPT Office Memorandum, and material suggesting that the respondents had begun extending the benefit to similarly situated employees.

Rather than decide eligibility on the material before it, the Tribunal directed the respondents to assess each representation against the cited authorities and applicable rules.

It also provided a route for applicants who had not yet submitted individual representations, while leaving the merits of each claim to the competent authority.

The respondents were directed to decide the representations by reasoned and speaking orders within six weeks of receiving the order.

If an applicant was found eligible, the respondents were to grant admissible consequential benefits, including notional fixation of the increment, re-fixation of pension, and arrears.

Applicants who had not submitted representations could do so within four weeks; other similarly situated eligible employees were also permitted to make representations within that period, for consideration in accordance with law.

The joinder and exemption applications were allowed, and there was no order as to costs.