Court No. - 39
Case :- WRIT - A No. - 17601 of 2021 Petitioner :- Union Of India And 5 Others Respondent :- Mahesh Kumar And 2 Others Counsel for Petitioner :- Naresh Chandra Tripahti
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vikas Budhwar,J.
Heard Sri N.C. Tripathi learned counsel for the petitioners.
The petitioners herein are aggrieved by the decision of Central Administrative Tribunal, Allahabad Bench, Allahabad dated 07.09.2021 whereby the following directions have been issued:-
"32. In view of the above discussions, the OA is allowed. The applicants shall be entitled to one notional increment which falls due on the succeeding 1st July and accordingly shall be extended all the benefit of this increment in their retirement dues. However, as held by the Principal Bench, a condition is imposed on the Page No. 16 applicants to the effect that this benefit would be subject to the final outcome of SLP No.4722 of 2021 pending in the Hon"ble Supreme Court and the applicants shall be under obligation to refund the benefit that is extended to them, in case any different view is taken by the Hon"ble Supre Court in SLP No.4722/2021.
33. Needless to say that grant of increment shall be made after satisfying other requirements under the Rules. No order as to costs."
The benefit of notional increment for the period from 1st July to 30th June of the respective years in which the respondents had retired, had been given by the Tribunal relying upon the decision of Madras High Court in Writ Petition No. 15732 of 2017 (P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others) which was affirmed with the dismissal of the SLP(C) No. 22008 of 2018 filed by the Union of India, on merits.
To accord consideration for grant of notional increment keeping in view of the law laid down by the Madras High Court, this Court has also entertained several writ petitions and passed orders. One of such decisions has been appended as Annexure-6 to the writ petition, i.e. Writ-C No. 5959 of 2019 (Jagvir Singh Rohilla vs. State of U.P. and 2 others) and is relevant to be noted hereunder:-
"Petitioner submits that he is entitled to notional increment for the period 1.7.2017 to 30.6.2018, in light of the judgment of the Madras High Court dated 15.9.2017 passed in Writ Petition No.15732 of 2017 (P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others), against which a special leave petition filed before the Supreme Court has been rejected on 23rd July, 2018. It is stated that denial of annual increment to the petitioner, in the facts and circumstances, is wholly arbitrary. It is also urged that various representation made in that regard have not been bestowed any consideration and hence this writ petition.
While entertaining the writ petition, time was granted to the learned Standing Counsel to file a counter affidavit on 18th April, 2019. No counter affidavit has been filed. Considering the nature of the order proposed to be passed, no further time is liable to be granted to the learned Standing Counsel to file a counter affidavit, and the writ petition is being disposed of, at this stage itself.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim for grant of notional increment w.e.f. 1.7.2017 to 30.6.2018, keeping in view the law laid down in the matter, by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order"
It could not be said that any order passed by this court relying upon the decision of Madras High Court had been subjected to challenge before the Apex Court or has been altered.
Considering the above, we find that the respondents-applicants herein are entitled for the benefit of notional increment for the period from 1st July to 30th June for the respective years in which they had retired. The petitioners herein are, therefore, directed to compute the benefits payable to the respondents pursuant to the above directions.
The writ petition is accordingly disposed of.
Order Date :- 23.12.2021 Brijesh