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| Circular number | No. PC-V1/2023/Misc./03 |
|---|---|
| Date | 2024-02-09 |
| Type | Commercial Circular |
| Topic | claims |
Grant of notional increment (as due on 1“ July/1‘ January) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same — Clarification reg the continuing wrong commenced, if such continuing wrong creates a continuing source of injury.
MOST IMMEDIATE
COURT CASE MATTER
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. PC-V1/2023/Misc./03~-Part(2) New Delhi, dated: 20 .05.2024
The General Managers/ Principal Financial Advisors,
All Zonal Railways & Production Units
(as per the standard mailing list)
Sub: Grant of notional increment (as due on 1“ July/1‘ January) for the
pensionary benefits to those employees who had retired on 30th of June
before drawing the same — Clarification reg.
Attention is invited to Board’s letter dated 09.02.2024 whereby it was advised to
implement the orders pronounced by various courts of law granting the benefit of notional
increment in letter & spirit strictly on personam basis, only in those cases where a contempt
petition has been filed by the petitioner subject to any administrative directions received from
DOP&T and fulfillment of the condition that the petitioner(s) had completed 12 months of
service on the date of retirement on superannuation since the date of accrual of last annual
increment.
2. Subsequently, it has come to the notice of this Ministry that Hon’ble Courts/Tribunals
are dismissing the new/fresh cases filed by granting the benefit of notional increment to the
applicants restricting the payment of arrears to only three (03) years preceding the date of
filing of the case instead of payment of entire arrears w.e.f the date of applicability of the
notional increment. This principle has been adopted by various Courts/Tribunals relying upon
the law laid down by the Hon’ble Apex Court in its judgment dated 13.08.2008 passed in Civil
Appeal No. 5151-5152 of 2008 titled as Union of India & Ors Vs Tarsem Singh wherein the
Hon’ble Court has dealt with the issue of delay and latches / limitation while conferring the
relief (copy enclosed).
3. In view of the above, it has been decided that henceforth while implementing the orders
pronounced by various Courts/ Tribunals on ‘personam’ basis only in contempt cases, payment
of arrears would be restricted only to 3 years preceding the date of filing of the case. These
instructions would be applicable with immediate effect and strict compliance thereof should be
ensured, Past cases already decided shall not be reopened.
4, It is reiterated that the aforesaid benefit of notional increment shall only be restricted to
contempt cases. As regards to other cases/ similarly situated pensioners, necessary instructions
would be issued separately on receipt of general policy guidelines/clarification from DOP&T.
DA: As above ae
Az
(Sundeep Pal)
Executive Director, Pay Commission
Railway Board
Tel. No. 011-47845117
Email add: sundeep.p@gov.in
tf
4" floor, Room No. 7
COFMOW Building, Railway Offices Complex, Tilak Bridge, New Delhi — 110002
शेड
Union Of India & Anr vs Tarsem Singh on 13 August, 2008
Equivalent citations: AIRONLINE 2008 SC 68, (2008) 4 RAJ LW 3167, (2009) 1
MAD LW 986, (2008) 6 SERV LR 440, 2008 (8) SCC 648, (2009) 1 SERV LJ 371,
(2008) 7 MAD LJ 1245, (2008) 4 SCT 19, (2008) ILR 4 KER 752, (2008) 11
SCALE 594, (2008) 118 FAC LR 1079, (2009) 1 KER LT 101, (2008) 71 ALL IND
CAS 61 (SC), (2008) 71 ALLINDCAS 61, (2008) ILR 4 SC 752
Author: R.V.Raveendran
Bench: Lokeshwar Singh Panta, R. V. Raveendran
1
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5151-5152 OF 2008
(Arising out of SLP [C] Nos.3820-3821 of 2008)
Union of India & Ors. ... Appellants
Vs.
Tarsem Singh ... Respondent
ORDER
R.V.RAVEENDRAN, J.
Leave granted. Heard learned counsel for the parties.
2. The respondent while working in the Indian Army was invalidated out of Army service, in medical
category, on 13.11.1983. He appr
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