Patna High Court
The Union Of India vs Satish Chandra Misra on 25 June, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4260 of 2025
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1. The Union of India through the General Manager Banaras Locomotive
Works, Post Office D.L.W, Police Station -Manduadih, District Varanasi,
Uttar Pradesh 221004
2. The General Manager (Personnel), Banaras Locomotive Works, Post Office
D.L.W, Police Station -Manduadih, District Varanasi, Uttar Pradesh 221004
3. The Principal Chief Mechanical Engineer, Banaras Locomotive Works, Post
Office D.L.W, Police Station -Manduadih, District Varanasi, Uttar Pradesh
221004
4. The Principal Financial Advisor, Banaras Locomotive Works, Post Office
D.L.W, Police Station -Manduadih, District Varanasi, Uttar Pradesh 221004
... ... Petitioner/s
Versus
Satish Chandra Misra Son of Janardan Mishra, Ex-Dy. Chief Mechanical
Engineer (SG), Under Principal Chief Mechanical Engineer, Banaras
Locomotive Works, Varanasi, Resident of Vill. and Post Sadisopur Bihta,
District Patna (Bihar). Pin-801111.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kumar Ravish
For the Respondent/s : Mr.Sunil Kumar
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-06-2025
In the instant petition, petitioners - Union of India and
others have assailed the order of the CAT, dated 21.05.2024,
passed in OA No. 050/00930/2023, in the light of Hon'ble
Supreme Court decision in Misc. Application Diary No. 2400 of
2024 in Civil Appeal No. 3933 of 2023 and connected matter.
Patna High Court CWJC No.4260 of 2025 dt.25-06-2025
2/5
2. Core issue involved in the present lis is whether
respondent - Satish Chandra Misra who has attained the age of
superannuation and retired from service on 30.06.2022 and
who was due for annual increment on 01.07.2022 is entitled to
increment which was occurred on 01.07.2022 or not. In this
regard, petitioners have rejected the claim of the respondent.
Feeling aggrieved by the decision of the petitioner, respondent
preferred OA No. 050/00930/2023 and it was allowed on
21.05.2024
. Feeling aggrieved by the CAT order dated
21.05.2024, petitioners preferred Review Petition/Application
before the CAT and suffered an order on 04.02.2025. Hence,
the present Writ Application.
3. Learned Counsel for the petitioners submitted that
in the light of later development with reference to Hon'ble
Supreme Court order dated 20.02.2025, passed in Misc.
Application Diary No. 2400 of 2024 in Civil Appeal No. 3933 of
2023, in the case of Union of India & Anr. v. M. Siddaraj,
order of CAT is required to be interfered insofar as grant of
increment, difference of pay and payment of interest on
difference of pay for a particular period. It is necessary to
Patna High Court CWJC No.4260 of 2025 dt.25-06-2025
reproduce portion of the Hon'ble Supreme Court decision dated
20.02.2025 and it reads as under :-
"We had passed the following interim order dated
06.09.2024, the operative portion of which reads as under:
"(a) The judgment dated 11.04.2023 will be
given effect to in case of third parties from the date of
the judgment, that is, the pension by taking into
account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to
31.04.2023 will not be paid.
(b) For persons who have filed writ petitions
and succeeded, the directions given in the said
judgment will operate as res judicata, and accordingly,
an enhanced pension by taking one increment would
have to be paid.
(c) The direction in (b) will not apply, where
the judgment has not attained finality, and cases where
an appeal has been preferred, or if filed, is entertained
by the appellate court.
(d) In case any retired employee has filed any
application for intervention/impleadment in Civil Appeal
No. 3933/2023 or any other Writ petition and a
beneficial order has been passed, the enhanced pension
by including one increment will be payable from the
month in which the application for
intervention/impleadment was filed."
(underline supplied)
Patna High Court CWJC No.4260 of 2025 dt.25-06-2025
4. In the light of para (a) of the aforementioned order of the
Hon'ble Supreme Court, it is crystal clear that if a Government
Servant is due for increment on the next date of his retirement, in
that event, he is entitled to have the benefit of increment. However,
restrictions have been made to the extent that such increment is
arrears shall be extended only effect from 01.05.2023 and enhanced
pension would be effective from 31.04.2023. In other words,
whatever the arrears in the present case with from 30.06.2022 to till
payment is made, respondent is not entitled to have the benefits of
arrears of pay only w.e.f. 01.05.2023 instead of 01.07.2022 and
further pension is required to be re-fixed while adding increment
without arrears till 31.04.2023. To the above effect, the CAT order
dated 21.05.2024, passed in OA No. 050/00930/2023 read with
order passed in Review Application dated 04.02.2025 stands
modified.
5. The petitioners are hereby directed to calculate adding
increment in favour of respondent with effect from 01.07.2022 and
so also re-fix his pension while adding the increment. In other words,
notional benefits shall be granted to the respondent with effect from
31.04.2023 till the calculation is made and disbursed. However, we
Patna High Court CWJC No.4260 of 2025 dt.25-06-2025
are in the year 2025. Therefore, respondent is entitled to interest at
the rate of 6% per annum from 31.04.2023 till payment is made. The
same shall be calculated and disbursed in favour of the respondent
within a period of 04 months from the date of receipt of this order.
6. With the above observation, the instant Writ Petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Nirajkrs/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.06.2025
Transmission Date NA
