Ex Hav Bikramjit Singh vs UOI & Others on 13 March 2026

1. 1. Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi - 110011

2. 2. The PCDA (P), Allahabad (UP) - 211014

3. 3. The OIC Records, EME Records PIN-900453, C/o 56 APO

.... Respondents

For Applicant : Mr. Sunil Kumar, Advocate For Respondents : Mr. Arun Kumar, Advocate

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant notional increment wef 01.01.2023 and consequential pension and pensionary benefits and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 04.04.2005 and after rendering more than 17 years of service, he was discharged from Service on 31.12.2022 for which he has been granted Service Pension for life wef 01.01.2023. The Applicant submits that he was granted last increment of pay on 01.01.2022 and after rendering one full year of service after earning last increment, he was discharged from Service on 31.12.2022. Therefore, the Applicant is entitled for one notional increment as on 01.01.2023 on completion of one year of service after earning last increment in terms of Hon'ble High Court of Madras judgment in WP No 15732/2017 in the case of P Ayyamperumal Vs UOI & Ors. The Applicant also placed reliance on this Tribunal Order dt 31.05.2022 in OA No 358/2019 in the case of Brig Dinesh Lalchandani (Retd) Vs UOI & Ors and submits that he is eligible for one notional increment on 01.01.2023 and consequential pension and pensionary benefits.


गवर्नमेन्ट न्यूनं

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant was discharged from Service at his own request on extreme compassionate grounds on 31.12.2022. He was promoted to the rank of Substantive Naik on 02.11.2018 and granted MACP (Hav Grade) on 04.04.2021 and was further promoted to the rank of Substantive Havildar on 02.05.2022 with ante-date seniority 26.03.2022. The Applicant's last date of increment prior to discharge was 01.01.2022 and his next date of increment was 01.01.2023 and the Applicant has rendered one year of service after the date of his last increment.

4. Hon'ble Supreme Court in its judgment dt 11.04.2023 in the case of Director (Adm & HR) KPTCL & Ors Vs CP Mundinamani & Ors had directed that where an individual has served for a period of one year, prior to superannuation, he would be entitled to grant of notional increment. However, subsequently, Hon'ble Supreme Court vide interim Order dt 06.09.2024 had directed that (a) The judgment dt 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension would be revised by taking into account one notional increment wef 01 May 2023. Enhanced pension for the period prior to 30 Apr 2023 will not be paid and (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. In view of the above, the Respondents have submitted that though the Applicant is entitled for notional increment on 01.01.2023, he will be paid increase in pension due to notional increment only after 01 May 2023. However, PAO (OR) EME will take action for admitting notional increment only on receipt of orders/directions through proper channel.

5. During the course of hearing, Counsel for the Applicant has placed on record a copy of the Judgment dated 20/2/2025 passed by the Hon'ble Apex Court judgment in the case of UOI & Anr Vs M Siddaraj submitted that the applicant is eligible for grant of one notional increment wef three years prior to the date of filing of the OA, as per Clause (d) of the Judgment dated 20/2/2025 (supra). Sub Para (d) of the Judgment dated 20/2/2025 passed by the Hon'ble Apex Court (supra) wherein, Order dated 06/9/2024 has been modified which reads as follows :- "(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/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 application for intervention/impleadment/writ petition/original application was filed."

Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment dt 19.05.2023 in Civil Appeal No 3933/2023 in *Union of India & Anr. v. M. Siddaraj*, as in such cases, clause (a) will apply".

It is not clear how the Applicant would be eligible for grant of one notional increment wef 3 years prior to filing of the OA, as the instant OA was filed in Oct 2024 and he was discharged on 31.12.2022.

6. Moreover, the decision of the Hon'ble Apex Court is with reference to the individuals who superannuated on 31^st December/30^th June, as the case may be, and had completed one full year of service after earning the last increment. In this case, however, the Applicant was discharged on 31.12.2022 based on his own request on extreme compassionate grounds and was not discharged on completion of terms of engagement or on superannuation.

7. Taking into consideration the overall facts and circumstances of the case, we direct the Respondents to re-consider the case of the Applicant in the light of aforesaid judgment dt 20.02.2025 in the case of M Siddaraj (Supra) and the DoPT OM No 26.06.2023 and in case the Applicant is found eligible for grant of benefit of one notional increment, the same shall be granted within a period of six months from the date of receipt of a certified copy of this Order.

8. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.


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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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