ANSU Muni Sanker vs ATOMIC MINERALS DIRECTORATE FOR EXPLORATION AND RESEARCH on 2 November 2026

ORAL ORDER

PER: HON’BLE SHRI MANISH GARG, JUDICIAL MEMBER

1. In the instant OA, the applicants are seeking the following relief: “…to call for the records and declare the action of the respondent 1 and 2 without any notice recovered the amounts from each applicant from September 2020 as stated in the Annexure I, and fixed the pay and pension of applicants without adding the two additional increments by creating a cut off date 12-06-2017 and issued an proceedings on 20-04-2023 vide OM No 4/4/2011- SCS/Vol.VIII/5182 by confirming the proceeding dated 03-08-2020 vide OM No 4/4/2011-SCS/Vol. VIII/5157, for withdrawing the scheme of two additional increments in its entirety retrospectively w.e.f. 13-06-2017, is contrary to the Tribunal order in O.A No 1215/2015 and batch and O.A 381/2019 batch which is confirmed by the order of High court of Telangana in dismissing the WP 19010/2020 and contrary to the Presidential sanction, hence declare the same as illegal, arbitrary, discriminatory, unconstitutional and abuse misuse of power and violative of article 14, 16, 21 and 300A of the constitution of India, apart from violation of natural justice hence quash the order of 1st respondent vide OM No 4/4/2011-SCS/Vol.VIII/5157 dated 03-08-2020 and 04/04/2011-SCS/Vol. VIII/5182 dated 20-4-2023, and consequently direct the 1st and 2nd respondent

a) To repay the recovered amount to the applicants as per the annexure I with 24% interest.

b) Direct the respondent 1 & 2 to re-fix the pay and pension of applicants from 13-06-2017 by taking into account the revised two additional increment as per the methodology issued by the Ministry i.e. 3rd respondent on dated 1-3-2023 and consequently direct the respondent 1 & 2 to release the arrears of 2-increments, Pay, Pension and pensionary benefits along with other consequential benefits with interest at the rate of 12% per annum with quarterly rests from the date on with the same has become due and payable till the date of actual payment.

c) Further declare that the applicants are entitled for the costs of the litigation thrust on them by the respondents by not extending the benefits as extended to others similar situated persons by creating a

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cutoff date and pass such other order and further orders as are deemed fit and proper in the interest of justice.”

2. The matter herein pertains to the grant of Two Additional Increments (TAI) to the applicants in the grade of Scientific Officers ‘E’ to ‘G’, which was granted based on the Presidential sanction, vide OM, dt.03.02.1999, in order to inspire and motivate them. However, when the two additional increments were not treated as pay for all purposes, similarly situated employees have filed OA.No.563/2021 before this Tribunal which has dismissed the said OA vide order, dt.19.03.2025. Challenging the same, the applicants therein have approached the Hon'ble High Court of Telangana by way of filing Writ Petition No.2408 of 2026, wherein the Hon’ble High Court, vide interim order, dt. dt.29.01.2026, has ordered stay of recovery pursuant to the impugned OMs therein.

3. Learned counsel for the applicants stated that, in pursuance of the stay granted by the Hon’ble High Court in the above said WP, this Tribunal has disposed of the similar matter in OA.2088/2024, vide order, dt.20.04.2026, with the following direction: “5. When the matter is taken up for consideration, learned counsel for the applicants tenders a digital copy of the judgement of the High Court of Telangana, dt.29.01.2026, in Writ Petition No. 2408 of 2026, in the case of similarly situated employees seeking the same relief, wherein the Hon’ble High Court has ordered stay of recovery pursuant to the impugned OMs herein. The relevant portion of the order is extracted as under:

“In the meantime, there shall be stay of recovery of the amount pursuant to the impugned orders as contained in page Nos.55 to 58 of the instant Writ Petition.”

6. In view of the submission made by the learned counsel for the applicants, nothing survives for adjudication in the matter, at this juncture, as the issue is sub judice before the Hon’ble High Court. Accordingly, the O.A. is disposed of subject to the outcome of Writ

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Petition No. 2408 of 2026 pending before the Hon’ble High Court. No order as to costs.”

4. Since the Tribunal has already taken a decision in the above said OA.No.2088/2024, vide order, dt.20.04.2026, we cannot take a divergent view at this stage. Therefore, the present OA is disposed of in terms of the direction contained in OA.No.2088/2024 subject to the outcome of the Writ Petition No.2408 of 2026 pending before the Hon’ble High Court of Telangana. No order as to costs.

(Varun Sindhu Kul Kaumudi) (Manish Garg) Administrative Member

Judicial Member

02.11.2026

/ps/

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