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BIREN VAISHNAV
ARVINDBHAI JINABHAI RANA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Rule returnable forthwith. Mr. Joshi, 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. Mr. Munshaw, learned counsel for the petitioner would rely on an order passed in similar matter by this Court namely; Special Civil Application No. 19793 of 2019 dated 19.09.2022. She further requested this Court to pass a similar order in this matter too. The order dated 19.09.2022 reads as under:
(2) Heard Mr. Rushabh Munshaw, learned advocate for the petitioners as well as Mr. Utkarsh Sharma, learned AGP for the respondents.
(3) Shortly stated the grievance of the petitioners is that they become eligible for increments though having retired on 30th June of each year.
(4) Reliance is placed on a decision dated 28.07.2022 of this Court in Special Civil Application No. 14687 of 2021 which reads as under.
4. RULE returnable forthwith. Mr. G.R. Thacker learned advocate
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....
The main legal point established in the judgment is that a government servant is entitled to receive the increment becoming payable on 1st July, even if they have retired on 30th June, based on the p....
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....
The main legal point established in the judgment is the entitlement of a government servant to receive an increment becoming payable on 1st July even after retirement, as interpreted in various judgm....
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 entitlement to the benefit of one increment even after retirement, based on the interpretation of Rule 39 and the purpose of granting annual increment.
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