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SUDHIR SINGH, RAJESH KUMAR VERMA
State of Bihar – Appellant
Versus
Prafulla Chandra Chaudhary – Respondent
Rajesh Kumar Verma, J.—Heard Mr. Anjani Kumar (Senior Advocate) learned AAG- 4 assisted with Mr. Alok Kumar Rahi, learned AC to AAG-4 for the appellants.
I.A. No. 01 of 2024
2. This interlocutory application has been filed for condoning the delay of about eight months and sixteen days in filing the present memo of appeal.
3. For the reasons as mentioned in the aforesaid interlocutory application, particularly in paragraph nos. 3, 4 5 and 6, I.A. No. 01 of 2024 is allowed.
L.P.A. No. 1184 of 2024
4. The present intra court appeal has been filed by the State of Bihar against the order/judgement dated 02.02.2024 passed in C.W.J.C. No. 3460 of 2020 whereby the Hon’ble Court has been pleased to allow the writ petition of the petitioners/respondents directing the State authority to grant them increment notionally to the recon their last pay drawn and retirement benefits shall be re-fix in accordance with the judgement passed by the learned Division Bench of this Court in the case of Shiv Kumar vs. The State of Bihar, reported in 2023(6) BLJ 392.
5. Learned Senior counsel for the appellants submits that the Respondent Nos. 1, 4, 5 and 6 were appointed as Junior Engineer on 05.02.1979 in the Dep
Employees retiring are entitled to included increments for pension calculations, supporting the principle of reasonableness enshrined in Article 14 of the Constitution.
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.
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