High Court · 2025

Petition Under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in .....RESPONDENTS the nature of writ of Mandamus declaring the action of the respondents in not granting notional increment to the petitioners as per the Judgments of Hon'ble Madras High Court, Bombay High Court and Delhi High Court which were confirmed by the Hon'ble supreme court of lndia by considering representations dated 13.06.2022 which was forwarded through proper channel is illegal, improper, arbitrary and voilative of Article 14, 16 and 21 of the Constitution of lndia and consequently direct the respondents to release all the monitory benefits including arrears of salary by re-fixing their pay by adding one notional increment and all other benefits which petitioner is eligible as per law. I.A.NO:1 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation dated 13.06.2022 of the 1st petitioner for extending the benefits to the petitioners, pending disposal of the writ petition. Counsel for the Petitioners : SRI J.M.NAIDU Counsel forthe Respondents : SRI ABDUL MATEEN QURESHI, SC FOR CENTRAL GOVERNMENT The Court made the following ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.4O48 of2o23 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following reliei "...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandannus declaring the acLion of the respondents in not granting notional increment to the petitioners as per the Judgments of Hon,bte Madras High Court, Bombay High Court and Dethi High Court which were conirrmed by tJ:e Hon'ble Supreme Court of India by considering thl representations dated 13.06.2022 which was farwarded through proper channel is illegat, improper, arbitmry and voilative of Article 14, 16 and 21 of the Constitution of India and consequenfly direct the respondents to release alt the monitory benefits including arrears of sa1a5r by re-fixing their pay by adding one notional increment ald all other benefrts which petitioner is eligible as per law and pass..."

2. Heard Sri J.M. Naidu, learned counsel appearing for the petitioners, arld Sri Abdul Mateen eureshi, learned Standing Counsel for the Central Government, appearing on behalf of the respondents.

3. Learned counsel for the petitioners submits that the petitioner are retired Assistant Security Commissioners, having retir€d on attaining the age of superannuation on 30.06.200Z, 30.06.2013 arrd 30.06.2022, respectively. The petitioners were generally granted annual increments on July 1st every year. However, despite their entitlement for art increment at the time of their retirement, the same was denied the said 2 PK, J WP.No.4048 of 2023 beneht. Therelbre, the petitioners submitted a representation before the respondents orr 13.06.2022, requesting grant of notional increment and release of the monetary benefits, including the arrears of sa-lary. However, no a,ltion has been ta-ken thereon so far. Therefore, learned counsel for thc petitioner prays this Court to permit the petitioners to submit their fresh representations to the respondents, seeking the aforementionecl relief, and to direct the respondents to consider the said representations and pass necessarJr orders within a reasonable period of time.

4. l,earned Standing Counsel appearing on behalf of the respondents fairly submits that the respondents will consider the representations of the petitioners, as a-nd when received, and pass appropriate orders in accordance with law.

5. Having regard to the submissions made by learned counsel for the respective parties, without going into merits of the case, the Writ Petition is disposed of permitting the petitioners to submit their fresh representations before the respondents, for redressal of their grievance, within a period of one (Ol) week from the date of receipt of a copy of this order. On receipt of such representations from the petitioners, th.e respondents sha.ll consider the same and pass appropriate orders thereon, strictly in accordance u-ith law, as PK, J W.P.No.4048 of 2023 exopediously as possible, preferably within a period of ten (10) weeks thereof, and communicate a copy thereof to the petitioners. Miscellaleous applications, if any, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT REGISTRAR E OFFICER To New Delhi. l.TheDirector,unionoflndia,GeneralRailwayProtectionForce'RailBhavan' General-cum-Principal Chie-f Security Commissioner' Railway Z. in" f ""p""t"r ProtectionForce,southc"nt'"ln,iw"y,RailNilayam,secanderabad... 3. The lnspector General, R;W't prot""tion Speciai Force' Rail Bhavan' New 4. The Finance Adviser and Chief Accounts Office(FA and CAO)' South Central s. cj"" C6 t" sRl J.i/.NAIDU, Advocate tolucl- ^ -- ;. O;;CCiOSNIABDULIUNTEEUOURESHI'SCFORCENTRAL Railway, Rail Nilayam, Secanderabad' Delhi. : GOVERNMENT, Advocate [OPUC]

7. Two CD CoPies SA BS II I I L \ C.C. TODAY ( e f 'J =E: e lil ATt- o 1$ tI I[!\ 16 t -----2' ,;/ HIGH COURT DATED:21 10112025 ORDER WP.No.4O48 ot 2023 DISPOSING OF THE W.P WITHOUT COSTS.