Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same — Clarification by Railway Board Order dt. 20.06.2023

 Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same — Clarification by Railway Board Order dt. 20.06.2023

MOST IMMEDIATE
COURT CASE MATTER

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-VI/2020/CC/13

New Delhi, dated: 20.06.2023

The General Manager (P),
All Indian Railways
& Production Units
(Attn.: All PCPQOs)

Sub: Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same — Clarification reg.

Ref: Board’s letter of even number dated 13.04.2021.

Attention is invited to Board’s letter under reference whereby a copy of Hon’ble Supreme Court’s order dated 05.04.2021 pronounced in SLP (C) No. 4722/2021 (Union of India & Ors Vs M. Siddaraj) whereby interim stay was granted on implementation of Hon’ble CAT/ Bangalore Bench’s order grating benefit of notional increment was circulated to all Zonal Railways/ PUs.

2. The aforesaid SLP has recently been dismissed by Hon’ble Supreme Court vide their order dated 19.05.2023 (copy enclosed) inter-alia disposing all similar pending applications and directing the Union of India to grant the benefit of notional increment to all the original applicants & intervenors.

3. Considering the repercussions & far reaching implications of Hon’ble Supreme Court above judgement whereby the law involved on this issue has been interpreted on merit; this Ministry has already referred the matter to DOP&T (being the nodal department on the issue) vide Board’s O.M. dated 21.04.2023 (copy enclosed) seeking further course of action to be adopted in contesting the cases on notional increment and further remedial measures/ legal provisions, if any available, to safeguard the interests of Union of India. This Ministry is persistently following up the matter with DOP&T; however, the solicited response on the policy aspects of grant of benefit of notional increment is still awaited.

4. Necessary clarification/ guidelines will subsequently be issued to all Zonal Railways/ PUs on receipt of the same from DOP&T. Meanwhile, it is advised that a Miscellaneous Application may be filed before the concerned Tribunal/ Court in consultation with the contesting counsel seeking further time for compliance of orders/ filing of reply, as the case may be.

5. This issues with the approval of the competent authority.

DA: As above

(Jaya Kumar G)
Dy. Director, Pay Commission — VII & HRMS
Railway Board
Tel. No. 011-47845125
Email add: jaya.kumarg[at]gov.in
4th floor, Room No. 6

1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 4722 of 2021)

UNION OF INDIA & ANR. ….APPELLANT(S)

VERSUS

M. SIDDARAJ … RESPONDENT(S)

WITH

CIVIL APPEAL NO(S). OF 2023
(@ SPECIAL LEAVE PETITION (C) No(s). _ of 2023
@Diary No. 40684/2022)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 5699 of 2023)

CIVIL APPEAL NO(S). OF 2023
@Diary No. 2853/2023)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 4129 of 2022)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 12190 of 2022)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 12439 of 2022)

CIVIL APPEAL NO. OF 2023
a (@ SPECIAL LEAVE PETITION (C) No. 3419 of 2023)

CIVIL APPEAL NOS. OF 2023
(@ SPECIAL LEAVE PETITION (C) Nos. 6784-6785 of 2023)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 3420 of 2023)

CIVIL APPEAL NO. OF 2023
(@ SPECIAL LEAVE PETITION (C) No. 1001 of 2023)
AND

CIVIL APPEAL NO(S). OF 2023
@Diary No. 874/2023)

ORDER

Applications for leave to appeal in Diary No. 2853/2023 & Diary No. 874/2023 are allowed.

Delay condoned.

Leave granted.

The issue raised in these appeals is squarely covered by a judgment rendered in Civil Appeal No. 2471 of 2023 decided on 11.04.2023 titled as Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others (2023) SCC Online SC 401.

The issue being same, the present civil appeals also stand disposed of in terms of the aforesaid judgment.

All the intervention applications are allowed and the intervenors shall also be entitled to the same relief.

Pending application(s), if any, also stand disposed of.

……………………………..
(KRISHNA MURARI)

……………………………..
(SANJAY KUMAR)

NEW DELHI;
19th MAY, 2023