Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same – Railway Board advises not to challenge any adverse judgement pronounced by any lower court/Tribunal before higher courts by way of filing W.Ps/SLPs
COURT CASE MATTER
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated: 10.07.2023
The General Managers/ Principal Financial Advisors,
All Zonal Railways & Production Units
Sub: Grant of notional increment (as due on 1st July) for the pensionary benefits to those employees who had retired on 30th of June before drawing the same – Clarification reg.
Attention is invited to Board’s letter under reference (copy enclosed) whereby all Zonal Railways/ PUs were advised to file a Miscellaneous Application before the concerned Tribunal/ Court in consultation with the contesting counsel seeking further time for compliance of orders granting the benefit of notional increment to the applicants.
2. In spite of above, a number of references are still being received in this office from many railways seeking clarification regarding further course of action to be adopted in the cases on notional increment which are either pending before various courts of law or have been dismissed granting the benefit of notional increment.
3. In this connection, it is stated that recently a proposal for filing SLP against the common order dated 15.12.2022 pronounced by Hon’ble High Court of Allahabad in a batch of Writ Petitions was placed before one of the Ld. ASG whereon it has been opined that after taking due consideration of the facts and legal aspects including the new developments as to the settled law pronounced by the Hon’ble Supreme Court of India it is not a fit case to file an SLP before the Hon’ble Supreme Court of India.
4. Considering the above opinion of Ld. ASG furnished in light of Hon’ble Apex Court’s orders dated 11.04.2023 & 19.05.2023, it would be a futile exercise to defend any such cases or to challenge any adverse judgement pronounced by any Tribunal/ Lower Courts in Higher Courts/ Apex Court.
5. Accordingly, all Zonal Railways/PUs are hereby advised not to challenge any adverse judgement pronounced by any lower court/Tribunal before higher courts by way of filing W.Ps/SLPs. Instead, further time may be sought from the concerned Tribunal/ Court for compliance of such orders as already advised vide Board’s letter under reference. The further course of action will be communicated separately on being advised by Deptt. of Personnel & Training.
6. This issues with the approval of the competent authority.
DA: As above
(Jaya Kumar G)
Dy. Director, Pay Commission — VII & HRMS
Tel. No. 011-47845125
Email add: java.kumarg[at]gov.in
4th floor, Room No. 6