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Miscellaneous Application Diary Nos. 2400/2024, 35783/2024,
35785/2024 and 35786/2024
Delay condoned.
We had passed the following interim order dated 06.09.2024,
the operative portion of which reads as under:
“(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 31.04.2023
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.”
We are inclined to dispose of the present miscellaneous
applications directing that Clauses (a), (b) and (c) of the order
dated 06.09.2024 will be treated as final directions. We are,
however, of the opinion that Clause (d) of the order dated
06.09.2024 requires modification which shall now read as under:
“(d) In case any retired employee filed an application
for intervention/impleadment/writ petition/original
application before the Central Administrative
2
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 in “Union of
India & Anr. v. M. Siddaraj”1, as in such cases, clause (a) will
apply.
Recording the aforesaid, the miscellaneous applications are
disposed of.
We, further, clarify that in case any excess payment has
already been made, including arrears, such amount paid will not be
recovered.
It will be open to any person aggrieved by non-compliance
with the directions and the clarification of this Court, in the
present order, to approach the concerned authorities in the first
instance and, if required, the Administrative Tribunal or High
Court, as per law.
Pending applications including all intervention/impleadment
applications shall stand disposed of in terms of this order.
Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023,
11336/2024 and 20636/2024
In view of the order passed today in the connected matters,
1 Dated 19.05.2023 in Civil Appeal No. 3933/2023, titled “Union of India &
Anr. vs. M. Siddaraj” and other connected matters.
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that is, M.A. Diary No. 2400 OF 2024 and other connected
applications, the present contempt petitions will be treated as
disposed of with liberty to the petitioners to take recourse to
appropriate remedies, if required and necessary, as indicated
supra. It goes without saying that the respondents shall examine
the cases of the petitioners/ applicants in terms of the order
passed today and comply with the same expeditiously.
Pending application(s), if any, shall stand disposed of.