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SANJEEV SACHDEVA, MANOJ JAIN
Vinod Bhushan Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM. APPL. 42239/2023 in W.P. (C) 5730/2020
CM. APPL. 42233/2023 in W.P. (C) 6590/2020
1. By these applications, petitioners seek listing of their writ petitions, which were adjourned sine die by order dated 07.12.2022.
2. For the reasons stated in the applications, the same are allowed. The petitions are taken up for consideration today.
W.P. (C) 5730/2020
W.P. (C) 6590/2020
3. These petitions were adjourned sine die by order dated 07.12.2022 to await the outcome of Special Leave Petition, which was pending before the Supreme Court. Subsequently, by judgment in Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani and Ors., 2023 SCC OnLine SC 401, which was then followed in SLP (Civil) 2646/2020 and other connected petitions on 11.07.2023, the Supreme Court has directed that the respondents have to grant one annual increment which the petitioners earn on the last day of their service for rendering their service in the preceding one year from the date of retirement with good behaviour and efficiency.
4. It is an admitted position that the case of the petitioners herein is squarely covered by the judgment of the Supreme Court in Director (Admn. And HR)
The central legal point established is the application of the Supreme Court judgment on annual increment and pensionary benefits to the petitioners' case.
An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.
Employees are entitled to annual increments earned prior to retirement for pension calculations, as clarified by the Supreme Court.
An employee is entitled to an annual increment earned on the last date of service, impacting pension calculations.
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.
Employees are entitled to notional increments earned prior to retirement for pension calculations, as established by the Supreme Court.
Employees are entitled to annual increments earned prior to retirement, as established by the Supreme Court, affecting pension calculations.
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