THE HON’BLE SRI JUSTICE R. SUBHASH REDDY & THE HON’BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION Nos.22078, 19912, 19914, 22088, 22109 & 21212 of 2005 COMMON ORDER: (Per Hon’ble Sri RSR, J.) 1 In view of the identical questions that arise for consideration in all these Writ Petitions, they are heard together and disposed of by this common order. For the purpose of disposal, we refer to the facts and issues that arise in Writ Petition No.22078 of 2005, which is filed challenging the order, dated 09.03.2005 passed in O.A.No.49 of 2004 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short ‘the Tribunal’). 2 The respondent herein worked as Passenger Guard in South Central Railway. He retired from service on attaining the age of superannuation, on 30.06.1996. He approached the Tribunal by way of filing an application under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to the respondents therein to revise the pensionary benefits of the respondent/applicant by granting the benefit of the increments fell due on 01.07.1996 and also to extend the benefit of D.A. installments sanctioned by Government of India raising the dearness allowance to 4% with all consequential benefits. 3 A Division Bench of this Court in Union of India Vs. R. Malakondaiah[1] has taken a view that the employee has right to get annual increment due to him that fell due on the first day of the month after retiring month. Ultimately, the matter was referred to a Full Bench of this Court in W.P.No.22042 of 2003 & Batch. The Full Bench overruled the view taken by the Division Bench in the said case. In the same judgment, the Full Bench also held that a Government servant who would be retiring on the last working day of the month would cease to be Government servant by mid-night of that day and immediately after commencement of the next day, he would acquire status of pensioner and hence would be entitled to have all the benefits given to a pensioner with effect from the first day of the succeeding month. Following the said judgment, the Tribunal held that the respondent/applicant and other similarly placed persons are not entitled for any increment that fall due on the next day and payable next day thereafter. At the same time, it recorded that they are entitled for the enhanced D.A. as per their entitlement in terms of the judgment of the Full Bench. 4 In these Writ Petitions it is contended by Sri R.S. Murthy, learned counsel appearing for the petitioners that the Railway Board issued proceedings in Circular Letter No.P/487/V/97/ Pension dated 16.12.1997 granting certain dearness relief to railway pensioners, but that does not amount to increase of dearness allowance, as ordered by the Tribunal. 5 Inasmuch as the applicability of the relief granted to the retired railway pensioners vide Circular Letter dated 16.12.1997 and as there is no representation for the respondents, in spite of service of notices, we deem it appropriate to dispose of these Writ Petitions clarifying that the respondent/applicant and other similarly placed persons are entitled to all the benefits as mentioned in the Circular Letter dated 16.12.1997, but not to the enhancement of the dearness allowance as ordered by the Tribunal. However, if any separate orders are passed increasing the dearness allowance with retrospective effect i.e. prior to the date of retiring date, it is made clear that the respondents / applicants are entitled to such benefit also. 6 Subject to the observations indicated above, the impugned orders passed by the Tribunal stand modified and these Writ Petitions are accordingly disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. ----------------------------------- R. SUBHASH REDDY, J. --------------------------- A.V. SESHA SAI, J. Date:02.09.2013 Kvsn* [1] 2002 (4) ALT 550