Facts
The applicant, Shri Radhey Shyam, retired from the service of the respondents on June 30, 2020
Source reference: p.2He subsequently filed representations dated June 20, 2024, and November 30, 2025, seeking one notional increment effective from the day following his retirement
Source reference: p.2The respondents did not respond to these representations
Source reference: p.2The applicant filed the present Original Application (OA) seeking this notional increment
Source reference: p.2Issues
Whether the applicant is entitled to one notional increment for having completed one year of service on the date of retirement, effective from the next day of his retirement
Source reference: p.2Whether the respondents should be directed to consider and pass a reasoned and speaking order on the applicant's pending representations regarding the notional increment
Source reference: p.3-4Law Applied
The court applied the principle established by the Apex Court in *Union of India & Anr. Vs. M. Siddaraj*, which conclusively decided that any person who has completed one year on the date of retirement is entitled to one notional increment effective from the next date of retirement
Source reference: p.2, 4Additionally, the Department of Personnel and Training (DoPT) instructions in this regard, issued vide Office Memorandum (OM) dated May 20, 2025, were recognized
Source reference: p.2, 4Reasoning
The court noted that the present matter regarding notional increments for retirees is no longer *res integra*, citing the definitive ruling by the Apex Court in *M. Siddaraj (Supra)*
Source reference: p.2, 4This ruling establishes the entitlement of a retiring employee to a notional increment if they have completed one year of service on the date of retirement, with effect from the subsequent day
Source reference: p.2Furthermore, the DoPT had already issued instructions consistent with this principle on May 20, 2025
Source reference: p.2, 4Despite these clear legal precedents and executive instructions, the respondents had not granted the notional increment to the applicant nor responded to his representations
Source reference: p.2The counsel for the respondents expressed no objection to a direction for them to consider the applicant's representations in light of these rulings
Source reference: p.4Holding
The court disposed of the Original Application at the admission stage
The respondents were directed to decide the applicant's representations dated June 20, 2024, and November 30, 2025, by passing a reasoned and speaking order within a stipulated period of 8 weeks from the receipt of a certified copy of the order
Source reference: p.5-6The court clarified that it had not expressed any opinion on the merits of the case
Source reference: p.6No costs were awarded
Source reference: p.7Original Court PDF
Radhey ShyamvsURBAN DEVELOPMENT DIVISION
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