Armed Forces Tribunal
Ex Hav Aditya Prakash vs UOI & Others on 27 October 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
9.
MA(E) 82/24 in OA 277/23
Ex Hav Aditya Prakash
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr Rameshwar Lal, Advocate
For Respondents
: Mr Brij Bihari Sharma, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
27.10.2025
1. This MA Execution Application has been filed by the Counsel for the Applicant praying for execution of Order dated 17/7/2023 passed by this Tribunal in OA No 277/2023, vide which this Tribunal has directed the Respondents to grant one notional increment to the applicant in terms of judgment of the Hon’ble Apex Court in Civil Appeal No 2471 of 2023 (SLP (C) No 6185/2020, decided on 11/4/2023 in the case of The Director (Admin and HR) KPTCL &Ors Vs CP Mundinamani & Ors, subject to verification of qualifying service of the applicant. During the final hearing, Counsel for the Respondents had also acceded to in granting relief as prayed for by the applicant in the OA subject to verification of qualifying service.
2. When the matter was taken up for hearing today, Counsel for the Respondents submits that in compliance of Order dated 17/7/2023 passed by this Tribunal, prayer of the Applicant for grant of notional increment was considered threadbare in terms of the Orders of the Hon’ble Apex Court and the extant policy, and having found that the applicant had not superannuated from service, the Competent Authority has rejected the same through a Speaking Order. To buttress his viewpoint, he has placed on record a copy of the decision dated 18/8/2025 passed by the OIC Records, which is taken on record. Apart from forwarding a copy of the same to the Applicant directly by the Record Office, a copy has also been supplied to the counsel for the applicant during the course of hearing.
3. We have perused the Speaking Order dated 18/8/2025 issued by the OIC Records, EME Records.
4. Perusal of the ibid Speaking Order reveals that upon passing the Order by this Tribunal,case of the applicant for grant of notional increment was taken up by the Records Office and vide letter dated 23/5/2025, Directorate General of EME (EME Pers) has accorded necessary Govt sanction to grant one notional increment to the applicant wef 01/5/2023, which was communicated to them vide EME Dte letter dated 04/6/2025. However, the case was examined afresh by the Army HQ and sanction accorded in granting relief to the applicant was cancelled on the ground that the applicant had been discharged from service at his own request on extreme compassionate grounds and he had not superannuated from service, hence, he is not eligible for grant of notional increment post his discharge from service as the Orders of the Hon’ble Apex Court pertains to such cases only where the individual had superannuated from service, thus unable to earn increment a day after their superannuation. And, accordingly the ibid Speaking Order has been issued to the Applicant denying him the benefit of one Notional Increment.
5. Since the Respondents have already considered the case of the applicant in its entirety and have issued a Speaking Order, the Order of this Tribunal has been complied with and no further action remains on the part of the respondents.
6. MA (E) is disposed off accordingly.
7. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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