Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Surender Singh Dalal – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL. 21306/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 5446/2023
3. Present petition has been filed seeking directions to the respondent no.2 to grant one notional increment w.e.f. 01.07.2020 for the purpose of pensionary benefits only and further direct the respondents to refix the pensionary benefits of the petitioner and to release the arrears of pension.
4. Learned counsel appearing on behalf of the petitioner submits that the issue raised in the present petition is no longer res integra and has been decided by Madras High Court in W.P.(C) 15732/2017 titled as P. Ayyamperumal vs. The Registrar (C.A.T.) & Ors. wherein vide order dated 15.09.2017 held as under:
"6. In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep. by its Secretary to Government, Finance Department and others vs. M. Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under
The main legal point established is that a retired Central Government employee is entitled to a notional increment for the purpose of pensionary benefits, based on the interpretation of relevant rule....
Court upheld the granting of a notional increment post-superannuation based on established precedent.
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.
Government servants are entitled to increments becoming payable on 1st July even after retirement, and denying a government servant the benefit of annual increment which he has already earned while r....
The main legal point established in the judgment is the entitlement of employees to the benefit of increment falling due on the 1st of July, even if they had retired on 30th June, based on the interp....
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
