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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Jagdish Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a writ of certiorari for quashing the letter dated 09.09.2019 and letter dated 21.01.2020 whereby the Respondents have rejected the representations of the Petitioner and for quashing of the signal dated 12.06.2019 whereby the Respondents intimated to all units/formations that the proposal regarding grant of notional increment, who retired on 30th June in different years, was forwarded to DOPT through MHA and clarified vide MHA letter dated 06.06.2019 (not in position) that all such officials are not entitled to get the benefit of notional increment and for quashing of the letter dated 18.10.2019 whereby the respondents clarified that the order dated 15.09.2017 passed in WP No.15732/2017 was an order in personem and not in rem, and therefore was only applicable to the petitioner in that case and not to all other similarly situated officers;
b.) Issue a writ of Mandamus directing the Respondents to grant one notional increment to the Petitioners on completion of the relevant period and to re-fix the initial pay & pension of the Petitioners by adding one notional increment and subseq
An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.
Denial of notional increment to retiring government employees based solely on retirement timing violates principles of reasonableness and entitlement under pension rules.
Employee entitled to notional increment earned before superannuation despite retiring next day; benefit for third parties prospective from 01.05.2023 per Supreme Court clarification.
Retired employees entitled to notional increment earned by completing one year service up to 30th June despite retiring next day; denial arbitrary as entitlement crystallises on service rendered with....
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