According to the Department of Posts notification dated October 18, 2024, “Hon’ble Court has inter-alia issued directions that the judgement dated 11.04.2023 will be given effect to in case of third parties from the date of judgement (in CA No. 2471/2023), 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 will not be paid.”
On the basis of the aforesaid OM dated October 14, 2024, here are the DoPT and interim directions of the Hon’ble Supreme Court mentioned above, following course of action has been approved:
The officials retiring on 30th June/31st December and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct will be entitled for a notional increment as on 1st July/1st December, as the case may be, for calculating the pension admissible to them. The notional increment will not be admissible for any other pensionary benefit. The orders will be applicable on all the officials retired after 30.04.2023. The payment of enhanced pension would be subject to the outcome of the above referred Review Petition of the Govt. of India.
In respect of pending court before CAT/High Court etc., the 02-14/2020-PAP(Partfile) I/107413/2024 concerned Circle will apprise about the aforementioned interim directions of the Hon’ble Supreme Court as well as the orders of the DoPT for disposing of the cases accordingly.
The individual representations of the officials, retired before the crucial date of 30.04.2023, may be disposed off accordingly.
In case the benefit has been extended by the Tribunal/Court in individual case who have retired prior to April 30 the 2023 and it has not been implemented so far, the decision of the lower court/tribunal will be challenged before the higher court.
The pending contempt petition may be contested on the basis of the aforementioned interim orders of the Hon’ble Supreme Court. In appropriate cases, filing of review petition/writ petition may be considered in consultation with government counsel by filing review petition.
Benefits granted to ex-officials prior to the issuance date of this OM shall not be recovered.