Delhi High Court
Ministry Of Railway & Ors. vs Shri Salim Ahmed Khan & Ors. on 3 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: July 03, 2023
24
+ W.P.(C) 8746/2023 & CM APPLs. 33017/2023, 33018/2023 &
33019/2023
MINISTRY OF RAILWAY & ORS. ..... Petitioners
Through: Mr. Nirvikar Verma, SPC for UOI.
versus
SHRI SALIM AHMED KHAN & ORS. ..... Respondents
Through: Mr. Manjeet Singh Reen, Advocate.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. Nos. 33018/2023 and CM APPL. 33019/2023
1. Exemptions allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 8746/2023 & CM APPL. No. 33017/2023
3. The challenge in this writ petition is to an order dated July 15, 2021 in
Original Application being O.A. 1511/2020 ('OA', for short) passed by the
Central Administrative Tribunal, Principal Bench, New Delhi and also to the
order dated February 08, 2023 in Review Application 66/2021 in O.A.
1511/2020.
W.P.(C) 8746/2023 Page 1 of 3
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
4. Vide an order dated July 15, 2020, the Tribunal has allowed a batch of
OAs, which includes O.A. 1511/2020 by stating in paragraphs 7, 8, 9 and 10
as under:
"7· Be that as it may, once the various benches of the
Tribunal, the Hon'ble High Courts and the Hon'ble
Supreme Court held that the increment, which became
due on 1st July or 1st January as the case may be, needs
to be released for the employees, who retired one day
earlier thereto, the applicants herein cannot be denied
such benefit.
8. To protect the interests of the respondents, we direct
that in case any different view is taken by the Hon'ble
Supreme Court in SLP No. 4722/2021, the applicants
shall be under obligation to refund the benefit that is
extended to them. In the corresponding orders, a clause
can be incorporated to that effect.
9. We make it clear that extension of benefit of increment
shall be subject to their fulfilling other conditions under
the relevant service rules.
10. For the foregoing reasons, the OAs are allowed,
directing that:
(a) for such of the employees who retired on 30th June
of any particular year, increment payable on 1st July
shall be extended. Their pensions shall also be revised,
subject to their fulfilling other conditions which are
applicable. The arrears that become due shall be paid
without interest;
(b) Similarly for employees, who retired on 31st
December of a particular year, the increment payable
on the 1st January of the next year shall be extended
and pension revised, subject to same conditions in the
same manner.
W.P.(C) 8746/2023 Page 2 of 3
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
(c) While extending such benefits, a clause shall be
incorporated to the effect that in case the Hon'ble
Supreme takes a different view in the Civil Appeal
arising out of SLP No. 4722j2021, they shall be under
obligation to refund the entire benefit without any
demur.
The aforesaid exercise shall be completed within a
period of three months from the date of receipt of a copy
of this order.
Pending MAs shall also stand disposed of. There shall be
no order as to costs."
5. Learned counsel for the parties concede to the fact that the issue in
hand is covered by the judgment of the Supreme Court in the case of The
Director (Admn. & HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors.,
Civil Appeal No. 2471/2023, decided on April 11, 2023.
6. If that be so, the Writ Petition is disposed of by stating that the parties
shall be bound by the judgment of Supreme Court in the case of Director
(Admn. & HR) KPTCL & Ors. (supra).
7. Learned counsel for the petitioner makes a plea that the cost as has
been imposed by the Tribunal while deciding the review application, be
waived. We find that the cost imposed has been directed to be deposited in
the Prime Minister's Relief Fund. If that be so, we do not see any reason to
waive the same.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
JULY 03, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
