Headline: Entitlement to notional increment for retirees on superannuation day before increment date.

Dr. K.N. Murthy, a 1985 batch Indian Forest Service officer, retired from service on June 30, 2018, the day before his next annual increment was due on July 1, 2018.

His pensionary benefits were fixed without considering this increment.

Aggrieved, Dr. Murthy submitted a representation dated December 26, 2018, seeking revision of his pension based on the decision of the Hon'ble Madras High Court in Shri P. Ayyamperumal.

His request was rejected on January 27, 2021, by Respondent No. 2, stating the judgment was applicable only to the petitioners therein.

Dr. Murthy then filed OA No. 43/2023, which was disposed of on June 27, 2023, setting aside the rejection and remanding the matter for reconsideration in light of the Supreme Court's judgment in Director (Admn and HR), KPTCL and Ors. vs. C.P. Mundinamandi and Ors.

Subsequently, Respondent No. 2 again rejected his request via an order dated July 10, 2024, leading to the current OA.

Whether the applicant is entitled to a notional increment due on July 1, 2018, despite retiring from service on June 30, 2018.

The court primarily applied the legal principles established by the Hon'ble Apex Court in C.P. Mundinamani and M. Siddaraj, read with the clarification issued vide MA Diary No. 2400/2024 in Civil Appeal No. 3933/2023 dated February 20, 2025.

This clarification, particularly Clause (d), addresses the applicability of enhanced pension by including one increment for retired employees who filed applications before the Central Administrative Tribunal/High Courts/this Court.

The court deemed the reasons assigned by Respondent No. 2 for rejecting the applicant's claim invalid, specifically addressing the arguments that IFS (Pay) Rules 2016 preclude benefits upon retirement on June 30th and that the Supreme Court judgments were in personam.

The Tribunal highlighted that the clarification issued by the Hon'ble Apex Court on February 20, 2025, in MA Diary No. 2400/2024, explicitly negates the "judgment in personam" argument.

This clarification, particularly Clause (d), dictates that enhanced pension with one increment is payable for three years prior to the month in which an application (including original applications before the Central Administrative Tribunal) was filed.

Since the applicant's initial OA No. 43/2023 was filed on December 23, 2021, and this current OA is a continuation, the conditions of Clause (d) apply, making the applicant eligible for the notional increment and consequential pension revision.

The Tribunal asserted that legal principles laid down by the Supreme Court apply generally to all government employees, and IFS (Pay) Rules cannot exclude this settled controversy.

The OA was partly allowed.

The respondents were directed to grant the annual increment due on July 1, 2018, with arrears from that date, and to revise the applicant's pensionary benefits based on the revised pay of Rs. 2,24,400/- (Level -16-4) with effect from July 1, 2018.

The applicant is entitled to the enhanced pension by including one increment payable for the period of three years prior to December 2021 (the month the Original Application was filed).

Compliance with this order must be made within eight weeks from the date of receipt of the certified copy of the order.

No order as to costs was made.