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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Vinod Bhushan Sharma - Appellant
Versus
Union of India & Anr. - Respondents
W.P.(C) 5730 of 2020 and W.P.(C) 6590 of 2020
Decided On : 27-09-2023
Increment - Pensionary Benefits - Court directs respondents to grant an increment and re-fix pensionary benefits based on service rendered in the preceding year as per Supreme Court judgment.
Fact of the Case:
The petitioners sought listing of their writ petitions which were adjourned sine die to await the outcome of a Special Leave Petition pending before the Supreme Court. The Supreme Court directed the respondents to grant an annual increment and re-fix pensionary benefits based on service rendered in the preceding year.
Finding of the Court:
The court allowed the applications and took up the petitions for consideration, disposing them by directing the respondents to grant the increment and re-fix pensionary benefits as per the Supreme Court judgment.
Issues: Listing of writ petitions, application of Supreme Court judgment on annual increment and pensionary benefits.
Ratio Decidendi: The court's decision was influenced by the Supreme Court judgment directing the grant of annual increment and re-fixing of pensionary benefits based on service rendered in the preceding year.
Final Decision: The court directed the respondents to grant the increment and re-fix pensionary benefits, with arrears to be computed and disbursed to the petitioners within six weeks.
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) KPTCL (supra).
5. These petitions are disposed, directing the respondents to grant an increment and re-fix their monthly pension/pensionary benefits considering the service rendered by each of the petitioners in the preceding one year as has been held by the Supreme Court in Director (Admn. And HR) KPTCL (supra). Arrears be computed and disbursed to the petitioners, preferably within a period of six weeks from today.
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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