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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Gum Bahadur Thapa & Ors. – Appellants
Versus
Union of Inida & Ors. – Respondents
W.P.(C) 5320 of 2023
Decided On : 26-04-2023
Notional Increment - Pension Calculation - The court directed the respondents to treat the petition as a representation and make a final decision within eight weeks based on previous judgments.
Fact of the Case:
The petitioners sought quashing of an order and directions for notional increment and arrears based on completed service years.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and make a final decision within eight weeks based on previous judgments.
Issues: Quashing of order, notional increment, arrears, application of settled law
Ratio Decidendi: The court relied on previous judgments to direct the respondents to make a final decision on the petitioners' representation.
Final Decision: The petition was disposed of with directions for the respondents to make a final decision within eight weeks.
JUDGMENT (Oral)
1. Vide the present petition, petitioners are seeking calling for records and quashing of the order dated 28.12.2022 issued by the Commandant of the 112 BN BSF; directions to the respondents (DG BSF, DIG SHQ RK PURAM & COMMANDANT 112 and 32 BN BSF) to give one notional increment to the petitioners for the purpose of calculation of pension and other terminal benefits as they have completed one full year of service on the date of retirement as per settled law in Annexure P6, Annexure P7 & Annexure P8; directions to the respondent DG BSF to grant the arrear to the petitioners with the rate of 12% as per law.
2. Learned counsel for petitioners submits that the issue(s) raised in the present petition have already been decided by the Hon'ble Supreme Court in Civil Appeal No. 2471/2023 in the case of The Director (Admin. And HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. as well as by this Court vide order dated 23.01.2020 in W.P.(C) 10509/2019 in the case of Gopal Singh vs. Union of India and Ors..
3. In view of above, we hereby direct the respondents to treat the present petition as representation filed on behalf of petitioners and take a final decision within eight weeks from today in view of the judgments mentioned above. The decision so taken shall be communicated to the petitioners within one week thereafter with a reasoned order.
4. With the aforesaid directions, the present petition is disposed of.
5. Needless to say, if the petitioners feel aggrieved by the decision of the respondents on their representation, they may approach the appropriate forum.
The court's decision was influenced by the application of settled law from previous judgments.
The central legal point established is the application of the Supreme Court judgment on annual increment and pensionary benefits to the petitioners' case.
The main legal point established is that retired personnel are entitled to one annual increment as directed by the Supreme Court in Director (Admn and HR) KPTCL.
The main legal point established is that the petitioners and all similarly situated persons are entitled to one annual increment in accordance with the findings of the Supreme Court in Director (Admn....
The court mandated the timely adjudication of a representation against a retirement order to uphold efficient administrative processes in service matters.
An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.
The court's decision was influenced by the settled issue in a related case by the Supreme Court, which supported the directions related to increment and pension revision for retired employees.
Petitioners entitled to notional increments post-superannuation based on prior conduct, as per binding judicial precedent.
The petitioner was given the opportunity to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court.
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