Regarding Grant of notional increment (as due on 1 July/1" January) for the pensionary benefits

GOVERNMENT OF INDIA

MINISTRY OF RAILWAY

(RAILWAY BOARD)

No. PC-VI/2024/Misc./04

New Delhi, dated: .01.2025

The General Manager (P)

South Central Railway,

Headquarters Office,

Personnel Department

Secunderabad, Pin-500071

Sub: Grant of notional increment (as due on 1 July/1" January) for the pensionary benefits to those employees who had retired on 30th of June/31st of December before drawing the same clarification reg.

Ref: S. C. Railway's letter No. P[R] 481/XII dated 03.01.2025.

Please connect S. C. Railway's letter under reference whereby Board's clarification was sought regarding further course of action to be adopted in notional increment cases consequent to dismissal of Review Petition filed vide Dy. No. 36418/2024 (The Director (Admn. And HR) KPTCL & Ors Vs C. P. Mundinamani & Ors) vide order dated 18.12.2024.

2. In above context, it is stated that in compliance of order dated 06.09.2024 pronounced by Hon'ble Supreme Court in MA No. 2400/2024 (Union of India & Ors Vs M. Siddaraj); DOP&T had circulated necessary instructions/ guidelines in the matter vide their O.M. dated 14.10.2024 which have been adopted on all Indian Railways vide Board's letter dated 03.12.2024 with the approval of the competent authority..

3. It is also observed from S. C. Railway's reference that the Railway is already aware of the fact that the aforesaid clarificatory petition was again taken up for hearing by Hon'ble Supreme Court on 13.12.2024; it is pointed out that during the hearing, Hon'ble Apex Court had observed as under:

"At the request of the learned Additional Solicitor General, the present applications/ petitions are not being taken up for hearing today. Re-list for hearing in the week commencing 10.02.2025. However, we observe that the applicant, Union of India, must comply with the interim order passed by this Court. In case we find non-compliance with the said order in letter and spirit, costs as well as interest may be imposed.

4. Vide aforesaid order dated 13.12.2024, Hon'ble Supreme Court has clearly directed Union of India to comply with the interim order in letter & spirit, else, cost may be imposed. It is also worth mentioning here that instructions issued vide DOP&T's O.M. dated 14.10.2024 were in compliance of Hon'ble Supreme Court's order dated 06.09.2024 which were duly adopted on Indian Railways vide Board's letter dated 03.12.2024 after thorough examination and with the approval of Board (MF) & CRB & CEO. As such, it is binding upon all concerned respondents/ authorities to implement the directions issued by Hon'ble Supreme Court vide order dated 06.09.2024 in letter & spirit.

5. S. C. Railway is therefore clarified that the contents of DOP&T's O.M. dated 14.10.2024, adopted vide Board's letter dated 03.12.2024, are self-explanatory in nature and no additional clarification from Board's office seems required at this stage. Hence, the instructions already circulated vide Board's letter dated 03.12.2024 on the issue of notional increment needs to be implemented/ complied in true sense.

6. It is also clarified that in any unforeseen situation of contempt proceedings, if any, initiated by the petitioner(s) for non-compliance of orders, Railway Board shall not be responsible for any complexities arising out in such adverse circumstances.

(Sundeep)

Executive Director, 

Pay Commission 

Railway Board 

Tel. No. 011-47845117 

Email add: sundeep.p@gov.in