Contempt proceedings closed: Apex Court's clarification on pension increment affects compliance.

The applicant, Naresh Kumar Sharma, filed a Contempt Petition under Section 17 of the Administrative Tribunal Act, 1985, alleging non-compliance with the order dated January 24, 2024, issued in Original Application No. 1028/2023

The original order directed the respondents to grant one notional increment and issue a revised PPO, with arrear payment for three years preceding the OA filing, at 6% simple interest per annum, to be completed within three months

The respondents claimed compliance by filing a better compliance affidavit on February 18, 2026, stating that a revised PPO was issued with one notional increment and arrears were granted effective May 1, 2023, as per an Apex Court judgment

The applicant contended that the department had not granted any interest, thus the order was not fully complied with

1. Whether the respondents have fully complied with the order dated January 24, 2024, passed in O.A. No. 1028/2023, particularly concerning the payment of interest

2. Whether the interim orders and final directions of the Apex Court in Miscellaneous Application Diary No. 2400/2024 impact the compliance requirements of the Tribunal's order

The Central Administrative Tribunal primarily applied its previous order dated January 24, 2024, in O.A. No. 1028/2023, which directed the payment of arrears with 6% simple interest per annum

The Tribunal also considered the interim order dated September 6, 2024, and the final disposal order dated February 20, 2025, from Miscellaneous Application Diary No. 2400/2024 in Special Leave Petition (c) No. 4722/2021 by the Apex Court.

These Apex Court orders provided clarifications on the applicability of the judgment in Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. (Civil Appeal No. 2471/2023) to third parties, establishing conditions for enhanced pension and arrears

Specifically, Clause (d) of the Apex Court's modified order stated that for retired employees who filed an application/writ petition/original application, the enhanced pension by including one increment is payable for three years prior to the filing month

The Tribunal noted the respondents' claim of compliance by issuing a revised PPO and granting arrears from May 1, 2023

The applicant's contention was non-payment of interest

The Tribunal then thoroughly examined the Apex Court's interim order of September 6, 2024, and the subsequent final order of February 20, 2025, in Diary No. 2400/2024

This Apex Court ruling clarified that for those who filed an original application, like the present applicant, the enhanced pension with one increment would be payable for three years prior to the month of filing

This superseded or clarified the earlier direction regarding interest, indicating that the focus shifted to the period ofarrear payment rather than a separate interest component for the arrears themselves

Given the Apex Court's directions, the Tribunal concluded that the respondents had substantially complied by issuing the revised PPO and granting the notional increment

Consequently, the instant contempt petition was consigned to record, and the notices were discharged

All associated MAs were disposed of