Final Judgment of Supreme Court on the Notional increment on 20.02.2025
The Supreme Court had given an interim injunction on 06.09.2024 and the DOPT has issued an OM based on that interim injunction. The Supreme Court on 06.09.2024 had given the interim order:
1. Those third parties who have not yet gone to court will be given effect of this notional increment on or after 01.05.2023 only and no arrears or fixation up to 30.04.2023.
2. For persons who have filed and got judgments already, the direction in the judgment will operate.
3. The persons whose cases have not attained finality, the direction under (2) will not be applicable. This means that who have gone to court and still pending at some court, the judgment whatever it is, will not be applicable.
4. For Pensioners who have filed any case in this matter will be given the increment from the month the application was filed.
Now the final judgment has come. According to the final judgment of Supreme Court the points in 1, 2, 3 of 6.9.2024 are upheld. For Point Number 4 the modified version of the judgment is al follows:
“ in case any retired employee filed an application for intervention / impleadment / writ petition / or original application before the CAT / High Courts / this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the court case was filed.”
“For those retired government employee who filed the case after the Supreme Court interim injunction on 06.09.2024, the above provision will not apply but Point number 1 will apply.
If any excess payment was made, that portion of money will not be recovered.
For any person connected with these applications of 2400 of 2024 and connected applications are at liberty to take recourse to appropriate remedies.
The effect of this Judgment:
1. This final judgment is against the same Supreme Court’s Constitution Bench headed by the then Supreme Court Chief Justice judgment in the milestone case of D.S,Nakara in 1982.
2. The Supreme Court had in 1982 ruled against division of same class of Pensioners into categories with an artificial date. The present judgment practically does the same and it divides the same class of Pensioners into three categories with artificial dates of cut-offs as from the date of retirement; from 1.5.2023; and from the three years prior to the month in which the case was filed”.
3. The connected applicants are given option to appropriate remedies if they felt aggrieved. Not for others.
The NCCPA will discuss the fall out of the Supreme Court Judgment on 3rd March in the virtual meeting convened for the purpose of 8th CPC discussion.
- KR SG NCCPA -
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