Facts
The Applicant, a senior citizen, filed a Contempt Petition (CP) alleging non-compliance with the Tribunal’s order dated 14.08.2024 in O.A. No. 510/2024
Source reference: no citationThe original order directed the Respondents to grant a notional increment for the service period of 01.07.2021 to 30.06.2022 for the purpose of pensionary benefits.
Source reference: no citationThe Respondents submitted a compliance report stating that they granted the notional increment effective from 01.05.2023, pursuant to the Hon’ble Supreme Court’s final directions dated 20.02.2025 and the subsequent Department of Personnel and Training (DoPT) Office Memorandum (OM) dated 20.05.2025
Source reference: no citationIssues
Whether the Respondents’ grant of notional increment effective from 01.05.2023 (without prior arrears) constitutes valid compliance with the Tribunal's directions in view of the Supreme Court's subsequent rulings
Source reference: no citationLaw Applied
The Tribunal relied on the Supreme Court judgment in Union of India & Anr. v. M. Siddaraj dated 11.04.2023 and the subsequent order in M.A. No. 2400/2024 dated 20.02.2025
Source reference: para 3These rulings established that for Central Government employees retiring a day before an increment becomes due (30th June/31st December), the notional increment is granted for pension calculation only.
Source reference: para 3Specifically, for "third parties" and those filing petitions after the M. Siddaraj judgment, the enhanced pension is payable only from 01.05.2023, and no arrears for the period prior to 30.04.2023 shall be paid
Source reference: para 3(a), 4This was codified in the DoPT OM dated 20.05.2025
Source reference: para 6Reasoning
The Tribunal analyzed the eligibility of the Applicant based on the timeline of his litigation.
Source reference: no citationIt noted that the landmark judgment in M. Siddaraj was delivered on 11.04.2023
Source reference: no citationThe Applicant filed O.A. No. 510/2024 in August 2024
Source reference: no citationApplying Para 4 of the DoPT OM (and the corresponding SC direction), the Tribunal observed that any retired employee who filed an Original Application after the M. Siddaraj judgment is governed by the restriction in Para 3(a)
Source reference: no citationThis restriction mandates that the increment-inclusive pension is payable only on and after 01.05.2023
Source reference: para 3(a)Because the Respondents proved they had allowed the increment effective from 01.05.2023, the Tribunal reasoned that the Respondents had fulfilled their obligation as per the prevailing law
Source reference: no citationHolding
The Tribunal concluded that the Respondents had complied with the order in light of the Hon'ble Supreme Court's final decision and the subsequent DoPT instructions
The Contempt Petition was dropped, and the notices issued to the Respondents were discharged
Source reference: no citationOriginal Court PDF
Janaki Ballav MohantyvsM/S VANDITA KAUL, SECRETARY, DEPARTMENT OF POSTS
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in