Union Of India And 3 Others vs Central Administrative Tribunal ...
2023 Latest Caselaw 1878 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- WRIT - A No. - 622 of 2023
 

 
Petitioner :- Union Of India And 3 Others
 
Respondent :- Central Administrative Tribunal And 5 Others
 
Counsel for Petitioner :- Prashant Singh Som
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the petitioner and Sri Jaswant Singh, learned counsel appearing for the respondent nos. 2 to 6.

The petitioner/Union of India, by the instant writ petition is challenging the judgment and order dated 2 August 2022, passed by the Central Administrative Tribunal, Allahabad, Division Allahabad, in Original Application No. 330/00726 of 2022 (Surendra Kumar Singh and others vs. Union of India and others).

The issue before the Tribunal was with regard to grant of notional increment to all such employees, who retired on attaining the age of superannuation on 30 June on completing one year as their appointment fell on first of July.

Learned Tribunal after hearing the rival contentions and considering the precedents allowed the original applications. Operative portion of the order reads thus:

"33. In wake 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 his retirement dues. However, as held by the Principal Bench, a condition is imposed on the applicants to the effect that this benefit shall 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 him, in case any different view is taken by the Hon'ble Supreme Court in SLP No. 4722/2021."

The Division Bench of this Court in a batch of writ petitions being Writ-A No. 14527 of 2022 (Union of India and others vs. Shiv Balak and others), vide order dated 15 December 2022, has decided the issue. The question involved before this Court is as follows:

"Whether employees who retired on 30 June are entitled to the last annual increment made effective from on 1 July?"

This Court dismissed the writ petitions filed by Union of India. Operative portion of the order dated 15 December 2022, reads thus:

"18. In view of the facts and legal position noted above, since the controversy/question involved in the present writ petitions is squarely covered by the judgments/orders of Hon'ble Supreme Court affirming the judgment of Madras High Court, Bombay High Court, Delhi High Court and the Armed Forces Tribunal, Regional Bench, Lucknow, therefore, all the Writ Petitions deserve to be dismissed and the impugned orders of the Tribunal deserve to be affirmed.

20. For all the reasons aforestated all the writ petitions are dismissed and it is held that the employees who retired on 30th June are entitled to the last increment made effective on 1st July."

On specific query, learned counsel for the respective parties do not dispute that the controversy involved in the instant writ petition is squarely covered by the judgment and order dated 15 December 2022 passed in Shiv Balak (supra).

The writ petition is, accordingly, dismissed in terms of Shiv Balak (supra).

Order Date :- 18.1.2023

S.Prakash