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BIREN VAISHNAV
Director, Employment And Training – Appellant
Versus
Devkrushna J. Dori – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr.Apurva Dave learned advocate waives service of notice of Rule on behalf of the respondent No.1.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. The challenge in this petition is to the order of the Gujarat Civil Services Tribunal, and the issue is with regard to the entitlement of increment to an employee who retires on 30th June of the relevant year.
4. The issue is already decided by the Division Bench of this Court rendered in Letters Patent Appeal No.868 of 2021. The said order reads as under:
2. This Letters Patent Appeal under Clause 15 of the Letters Patent Act, is directed against order dated 11.8.2021 of learned Single Judge whereby the Special Civil Application filed by the petitioner-respondent No.1 herein came to be allowed. The respondents were directed to grant benefit of one increment to the petitioner and accordingly revise his pension.
2.1 The petiti
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....
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....
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....
Point of Law : powers of Government of India, of Local Governments and of subordinate authorities to grant a premature increment to an officer are subject to limits up to which each such authority ca....
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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