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BIREN VAISHNAV
Arjanbhai Motibhai Malivad – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr.Soaham Joshi, learned AGP, waives service of notice of rule on behalf of the respondent – State.
2. Mr.H.B.Singh, learned advocate for the petitioners, places reliance on an order passed by this Court in Special Civil Application No. 20181 of 2021 dated 20.06.2022, which read as under:
2. With the consent of the learned advocates for the respective parties, all these petitions are taken up for final hearing today.
3. In all these petitions, under Article 226 of the Constitution of India, the prayer of the petitioners is to direct the respondents to grant the benefit of one increment and further to direct the respondents to revise the pension and other retirement benefits of the petitioners.
4. For the benefit of this common oral judgment, the facts of SCA No.20181 of 2021 is considered.
4.1. The grievance of the petitioner is that he has been denied yearly increment for one full year of service rendered by the petitioner for the period from 1.7.2015 to 30.6.2016.
5. Th
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 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 an employee to receive the increment on 1st July even though he had retired on 30th June, as supported by the interpretation of ....
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 the entitlement of a government servant to receive an increment becoming payable on 1st July even after retirement, as interpreted in various judgm....
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....
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....
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