IMPORTANT POINT
Retired employees are entitled to an additional increment for the year preceding their retirement and to gratuity limits as specified in government notifications, regardless of their retirement date relative to the notification's effective date.

JUDGMENT :

Nani Tagia, J.

Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioners, Mr. Madhaw Prasad Yadaw, learned counsel for the respondents and Md. Faiz Ahmed, learned counsel for the Magadh University.

2. The petitioners, three in number, who retired on 30.06.2015, 30.06.2017 and 30.06.2017 respectively, have filed this writ petition, seeking a direction to the respondent-authorities to make payment of all the retiral dues including arrears of pension by adding one increment in last basic pay salary of the petitioners. The petitioners have also prayed for a direction to make payment of retiral dues such as gratuity, earned leave and arrears of pension in the light of Memo No. 592 dated 06.03.2019, issued by the Special Secretary, Education Department, Govt. of Bihar to the petitioner Nos. 2 and 3 as they have retired on 30.06.2017 and arrears of pension to the petitioner No. 1 from due date.

3. Learned counsel for the petitioners have submitted that though the prayer of petitioners are worded in the manner indicated hereinabove; the basic prayer of the petitioner Nos. 1, 2 and 3 is for payment of pension by adding one increment in the last basic salary of the petitioners and to pay additional gratuity to petitioner Nos. 2 and 3, in the light of notification dated 06.03.2019, issued by the Special Secretary, Education Department, Govt. of Bihar.

4. Learned counsel for the petitioners submit that the petitioner No. 1 and 2 retired on 30th June, 2015 and 30th June, 2017 respectively from the post of Professor from the Magadh University, while the petitioner No. 3 retired on 30th June 2017 from the post of Associate Professor from the Magadh University. Insofar as payment of pension by adding one increment in last basic salary of the petitioners are concerned, the petitioners by referring to office memorandum dated 30.08.2008, issued by the Joint Secretary to the Government of India, Ministry of Finance (Annexure – 1 to the writ petition), contends that by the said office memorandum, in terms of the CCS (RP) Rules 2008, a uniform date of increment has been provided which is 1st July of every year after implementation of the revised pay structure.

5. Learned counsel for the petitioner, by referring to the decision of the Supreme Court rendered in the case of The Director (Admn. And HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. passed in Civil appeal No. 2471 of 2023, dated 11th of April, 2023, further contended that since the petitioners have retired on 30.06.2015 and 30.06.2017 respectively, they are entitled to be paid basic salary and the pension calculated after having adding one increment in the last basic salary of the petitioners.

6. Insofar as the payment of gratuity to the petitioner Nos. 2 and 3 are concerned, it is contended by learned counsel for the petitioners that the petitioner nos. 2 and 3 have so far received Rs.10 lakhs each as gratuity. However, by referring to the notification dated 06.03.2019, issued by the Special Secretary, Education Department, Government of Bihar, (Annexure – 4 to the writ petition), more particularly, Clause 7(iv) of the same, it is contended that since by the aforesaid notification, Rs.20 lacs has been provided as the upper ceiling limit for receiving gratuity for the employees, who have retired after 01.04.2017, the petitioner nos. 2 and 3, who have retired on 30.06.2017, which is after 01.04.2017, are entitled to receive more than Rs.10 lacs as gratuity, as provided in the notification dated 06.03.2019.

7. Respondent nos. 2 and 3 and 4 to 6 have filed counter affidavits.

8. Insofar as the payment of one additional increment is concerned, in paragraph 7, 8, 9 and 10 of the counter affidavit filed by the respondent Nos. 2 and 3, it is stated as under :

“7. That it is humbly stated that the issue of grant of one notional increment for the purpose of calculating terminal benefits, when the increment fall due on the next date of retirement, as per the petitioners are not res integra,