COURT NO.
1
ARMED FORCES TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
29.
MA 3373/2024 in OA 3497/2023
Sgt Abhishek Kumar (Retd) ..… Applicant
Versus
Union of India & Ors. ..… Respondents
For Applicant : Mr. Dhiraj Kumar, Advocate
For Respondents : Ms. T Murugesan, Advocate
CORAM
HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON
HON’BLE LT GEN C.P. MOHANTY, MEMBER (A)
ORDER
21.04.2025
MA 3373/2024
Respondents are directed to settle the claim of the
applicant now in the light of the order passed by the Hon’ble
Supreme Court on 6th September, 2024 and clause (d)
thereof further modified on 20th February, 2025 in MA Diary
No. 2400/2024 in Civil Appeal No. 3933/2023 titled Union
of India & Anr. Vs. M. Siddaraj which reads thus:-
“(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 filed
an application for intervention/impleadment/writ
petition/original application before the Central
Administrative 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.
2. Further, it is essential to reproduce the additional
direction of Hon’ble Supreme Court vide their order
dated 6th September, 2024 which has thus attained finality in
deciding cases of similarly placed employees who have
approached various Courts and this AFT and also third
parties as under:-
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 Court/ this Court after the
judgment in “Union of India & Anr. Vs. Siddaraj”, 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.”
3. Accordingly, respondents should take note of the
directions contained in the aforesaid order passed by the
Hon’ble Supreme Court and ensure that the benefit to the
applicant who is entitled to the same is granted strictly as
directed by the Hon’ble Supreme Court and submit a report
within three months.
4. The MA stands disposed of.
[JUSTICE RAJENDRA MENON]
CHAIRPERSON
[LT GEN C.P. MOHANTY]
MEMBER (A)
Priya/RB
MA 3373/2024
