Ex Sub Bhom Singh vs UOI & Others on 1 November 2025

**ORDER

01.11.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant all consequential benefits of one increment due to the Applicant on 01/7/2022.

2. Brief facts of the case as enunciated by the Applicant are that the applicant was enrolled in the Army on 27/6/1993 and was discharged from service on 30/6/2020. He was granted service pension for life, but for the increment which was due on 01/7/2022 as he had completed one year service of his rank. In support of his arguments, the applicant has placed reliance on the Judgment dated 15/9/2017 passed by the Hon'ble Madras High Court in WP No 15732 of 2017 in the case of P Ayyamperumal vs UOI & Ors, which was also upheld by the Hon'ble Apex Court. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. The Respondents vide their Reply Statement, have submitted that the Applicant was enrolled in the Army on 27/6/1993 and was discharged from service on 30/6/2022 under Rule 13 (3) item I (i) (a) of Army Rules 1954 on completion of his terms of engagement and was granted service pension for life. Further, the order regarding grant of notional increment to the Govt employees, who superannuated on 30 Jun or 31 December in the light of the Order dated 11/4/2023 of the Hon'ble Apex Court in the case of KPTCL Vs CP Mundinamani, was upheld by the Hon'ble Apex Court by dismissing the SLP filed by the UOI by Order dated 19/5/2023. Consequently, the issue has been taken up with the concerned authorities and the matter is pending awaiting further direction from the DoPT & the Ministry of Defence. As such, till revision of policy in the matter, no further course of action can be taken up by the Respondents.

4. We have heard the counsels for the parties and perused the material placed on record.

5. It is not in dispute that the issue of grant of one notional increment post retirement/discharge from service if such discharge/retirement was on 31^st December or 30^th June with date of next increment being 01 January or 01 July respectively has been settled with the Judgment of Hon'ble Apex Court in the case of Civil Appeal No 2471 of 2023 (SLP (C) No 6185/2020, decided on 11/4/2023 in the case of The Director (Admn & HR) KPTCL & Ors Vs C.P. Mundinamani & Ors. The relevant extract of the ibid judgment reads as follows :

*"7. In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the Appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the*

*circumstances, the present appeal deserves to be dismissed and is accordingly dismissed".*

6. Further, on 06.09.2024, while hearing MA No. 2400/2024 filed by *Ministry of Railways* along with several Intervention Applications tagged therewith, Hon'ble Supreme Court took note of the pending Petition (Dy. No. 36418/2024) filed by Union of India seeking review of its Order dated 11.04.2023 in CA No.2471/2023 in the matters. The Hon'ble Apex Court issued following directions, by way of an Interim Order, as follows:- (a) *The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 30.04.2023 (erroneously mentioned as 31.04.2023 in the Order) will not be paid.*

(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.*

(c) *The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.*

(d) *In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed, This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d).*

7. Further the Hon'ble Apex Court has also mentioned that grant of notional increment on 01^st January/01^st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits.

8. It is understood that Govt of India has also issued an OM detailing the instructions to all concerned to implement the Order of the Hon'ble Apex Court passed on 11/4/2023, 19/5/2023, 06/9/2024 and 20/2/2025.

9. In view of the foregoing, the OA is allowed in terms of judgment of the Hon'ble Apex Court (supra) and Govt of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, DoPT OM No 19/116/2024-Pers.Pol.(Pay)/Pt dated 20/5/2025 subject to verification of qualifying service of the applicant as the applicant has not placed any document showing that he was due for grant of annual increment on 01/7/2022 and receive the pension accordingly, if in order.

10. The OA is disposed off accordingly. No order on costs.

11. Pending application, if any, also stands disposed off.

Sd/- XXX **(SANJIV MITTAL)** **MEMBER (A)**

Sd/- XXX **(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-