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Chhaganbhai Ramabhai Patel (Expired) – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondents.
2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.
3. By way of this petition, under Article 226 of the Constitution of India, the petitioners have sought a direction to the respondent authorities to declare that the authorities give notional increment to the petitioners which became due and payable in the month of July of the particular term/year.
4. Mr. Majmudar, learned counsel for the petitioners submits that the case involved in the present petition is akin to the one decided by the Division Bench of this Court vide order dated 27.4.2022 in LPA No. 868 of 2021 confirming the decision of the learned Single Judge in SCA No. 10308 of 2021. He would also rely on order dated 20.7.2022 passed in SCA No. 13489 of 2022 which reads as under:
2. This petition is filed seeking a direction to the respondent authorities to declare that the autho
The main legal point established in the judgment is the entitlement of an employee to receive the increment on 1st July even though he had retired on 30th June, as supported by the interpretation of ....
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....
Government servants are entitled to receive annual increments even after retirement, based on their good conduct for a specified period, as per the provisions of F.R. CSR, Central Civil Services (Pen....
Employees entitled to notional increment earned before retirement despite accruing post-retirement, based on satisfactory prior service.
The entitlement to the benefit of one increment even after retirement, based on the interpretation of Rule 39 and the purpose of granting annual increment.
The main legal point established in the judgment is that the entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct, and any....
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