Facts
The applicants, retired educational officials from the Union Territory of Lakshadweep, retired from service on 30.06.2008 and 30.06.2012, respectively.
Source reference: p.3, para 1They filed these Original Applications (OAs) seeking the benefit of one annual increment that fell due on the date immediately following their retirement (July 1st) for the purpose of revising their pension and terminal benefits.
Source reference: p.3, para 1The applicants relied upon the Department of Personnel and Training (DoP&T) Office Memorandum (OM) dated 14.10.2024, issued following Supreme Court mandates.
Source reference: p.3, para 2The respondents argued that while the increment could be considered for future pension calculations from 01.05.2023, the applicants were not entitled to enhanced pension or arrears for the period prior to 30.04.2023.
Source reference: p.3, para 2Issues
1. Whether the applicants are entitled to the grant of one annual increment falling due on the day following their retirement for the purpose of pensionary benefits.
Source reference: p.3, para 12. Whether the financial benefits resulting from such increment are restricted to the period after 01.05.2023 or are payable as full consequential benefits.
Source reference: p.3, para 2Law Applied
The Tribunal primarily applied the legal principle established by the Hon'ble Supreme Court in Director (Admn. and HR) KPTCL v. C.P. Mundinamani [(2023) KHC 6371], which was later affirmed in Union of India v. M. Siddaraj [SLP(C) No. 4722/2021].
Source reference: p.3, para 1These precedents establish that an employee who has completed one full year of service is entitled to the increment even if they retire a day before it is technically credited.
Source reference: p.3, para 1The Tribunal further relied on Paragraph 6(a) of the DoP&T Office Memorandum dated 14.10.2024, which aligns with the specific directions issued by the Supreme Court in the M. Siddaraj judgment dated 06.09.2024.
Source reference: p.3, para 2Reasoning
The Tribunal examined the timing of the applicants' retirement (30th June) and determined that they had completed the requisite year of service to earn the increment due on 1st July.
Source reference: p.3, para 1It addressed the respondents' contention regarding the limitation of arrears by referencing the DoP&T OM dated 14.10.2024.
Source reference: p.3, para 2The Tribunal found that the applicants fall under the specific category described in Paragraph 6(a) of said OM, which corresponds to Clause (a) of the Supreme Court's directions in M. Siddaraj.
Source reference: p.3, para 2Consequently, the Tribunal determined that the applicants are entitled not just to a notional fix, but to the actual increment and "all consequential benefits" without the temporal restrictions suggested by the respondents.
Source reference: p.3, para 2Holding
The Tribunal allowed both Original Applications, holding that the applicants are entitled to one annual increment and all consequential benefits arising therefrom.
The respondents were directed to calculate the specific amounts due to the applicants and pass the necessary orders for payment.
Source reference: p.4, para 3The Tribunal ordered that the entire amount due must be paid to the applicants within one month from the date of receipt of the order.
Source reference: p.4, para 3No costs were awarded.
Source reference: p.4, para 4Original Court PDF
M M HAMZAKOYAvsDEPARTMENT OF EDUCATION
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in