CAT Directs CONCOR to Process Retired Manager’s Notional-Increment Claim Under 2024 OM Within a Month, Subject to Supreme Court Outcome

In brief

The question

1. Whether the applicant’s claim for a notional increment and consequential arrears should be determined in light of the Office Memorandum dated 14 October 2024.

The court held

The Tribunal disposed of the application and directed the respondent to carry out the necessary exercise in terms of the Office Memorandum dated 14 October 2024 within one month of receiving a certified copy of the order, subject to the final outcome of the application pending before the Supreme Court.

It also directed

It made no order as to costs, and any pending miscellaneous applications were also disposed of.

01Facts

The applicant, a retired Manager (C&O) of Container Corporation of India (CONCOR), retired on 30 June 2022.

pp. 1–2

He sought a notional increment said to have fallen due on 1 July 2022, together with consequential arrears from 1 May 2023, on the basis that he had completed a full year of service.

pp. 1–2

He relied on the Department of Personnel and Training Office Memorandum dated 14 October 2024 concerning notional increments for certain employees retiring on 30 June or 31 December, and on the Supreme Court’s dismissal of a review petition on 18 December 2024.

pp. 2–3

The Tribunal considered the application under Section 19 of the Administrative Tribunals Act, 1985.

p. 2

02Issues

i.1. Whether the applicant’s claim for a notional increment and consequential arrears should be determined in light of the Office Memorandum dated 14 October 2024.

pp. 2–4

ii.2. Whether the Tribunal should keep the application pending or direct the respondent to undertake the required exercise, subject to the outcome of an application pending before the Supreme Court.

pp. 3–4

03Law Applied

Section 19 of the Administrative Tribunals Act, 1985 provides the basis for an application before the Tribunal.

p. 2

The Office Memorandum dated 14 October 2024 addresses the grant of a notional increment on 1 July or 1 January to employees retiring on 30 June or 31 December, respectively, for calculating pensionary benefits; it states that action taken under it is subject to the final outcome of the relevant proceedings before the Supreme Court.

pp. 2–3

The Supreme Court dismissed the cited review petition on grounds including defects, delay, and merits, but the Tribunal’s direction in this case remained expressly subject to the final outcome of an application pending before the Supreme Court.

pp. 3–4

Provisions in the judgment · 1 · Linked ones open on LawLens

Administrative Tribunals Act, 1985 Section 19

04Reasoning

In view of the Office Memorandum and the Supreme Court’s dismissal of the review petition cited by the applicant, the Tribunal considered that keeping the application pending would serve no useful purpose.

pp. 3–4

It did not finally adjudicate the applicant’s entitlement to the increment or arrears.

p. 4

Instead, it directed CONCOR to carry out the necessary exercise under the Office Memorandum, while preserving both parties’ rights and contentions and making the exercise subject to the final outcome of the pending Supreme Court application.

p. 4