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2023 Supreme(SC) 342

M. R. SHAH, C. T. RAVIKUMAR
Director (Admn. and HR) KPTCL – Appellant
Versus
C. P. Mundinamani – Respondent


Advocates appeared:
For the Appellant(s) : Mr. S. K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Ms. Uditha Chakravarthy, Adv. Mr. Ankur S. Kulkarni, AOR
For the Respondent(s): Mr. Mallikarjun S. Mylar, Adv. Mr. Manjunath, Adv. Mr. Ashok Bannidinni, Adv. Mr. Sujeet Kumar, Adv. M/S. Bannidinni And Co., AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in Writ Appeal No. 4193/2017, by which, the Division Bench of the High Court has allowed the said appeal preferred by the employees - respondents herein by quashing and setting aside the judgment and order passed by the learned Single Judge and directing the appellants to grant one annual increment which the respondents had earned one day prior to they retired on attaining the age of superannuation, the management – KPTCL has preferred the present appeal.

2. The undisputed facts are that one day earlier than the retirement and on completion of one year service preceding the date of retirement all the employees earned one annual increment. However, taking into consideration Regulation 40(1) of the Karnataka Electricity Board Employees Service Regulations, 1997 (hereinafter referred to as the Regulations), which provides that an increment accrues from the day following that on which it is earned, the appellants denied the annual increment on the ground that the day on which the increment accrued the respective employees – original writ pe


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