Back
HARISH KUMAR
Tripurari Prasad Singh – Appellant
Versus
Accountant General, Bihar Patna – Respondent
Harish Kumar, J. – Heard the parties.
2. The challenge in the present writ petition is made to an order dated 19.08.2019 issued under the signature of Senior Audit Officer (Administration), as contained in Annexure-4 to the writ petition, by which the representation of the petitioner for grant of one increment against the post of Assistant Audit Officer as on 01.07.2008 has been rejected after observing that the decision of the High Court of Judicature at Madras in W.P. No. 15732 of 2017 as contained in Annexure-3 is not applicable universally and to all the similarly placed retired Central Government servant.
3. Mr. Dinu Kumar, learned Advocate for the petitioner while assailing the impugned order has contended that the respondents have failed to consider that the decision rendered by the learned Division Bench of the Madras High Court came to be affirmed by the Apex Court in Special Leave Petition (Civil) Diary No(s).22283 of 2018. Taking this Court through the decision rendered by the learned Division Bench of the Madras High Court, it has further been submitted that the judgment does not leave room for any confusion that it would not apply to all the identically situated employee
The entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day.
Employees entitled to notional increment earned before retirement despite accruing post-retirement, based on satisfactory prior service.
Government servants are entitled to annual increments after retirement for the services rendered over a year with good behavior and efficiency, as interpreted by the Division Bench of the Court and t....
Retired employees are entitled to increments due at retirement when calculating pension benefits.
Retired employees entitled to incremental benefits for pension calculations based on service completion.
The entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day, and denying a governme....
The main legal point established in the judgment is that government servants are entitled to annual increment becoming payable on the succeeding day, even after retirement, and denying this entitleme....
Entitlement to annual increments upon retirement is based on completed service and good conduct; denial based solely on retirement timing is arbitrary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
