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BIREN VAISHNAV
Vinakumari Kashiram Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of Rule on behalf of respondent State. Heard Mr. Bhuvnesh Gehlot, learned advocate appearing for Mr. N.K. Majmudar, learned advocate for the petitioners and Mr. Utkarsh Sharma, learned AGP for the State.
2. These petitions are filed seeking a direction to the respondent authorities to refix the pensionary and all other retiral benefits to the petitioners after taking into consideration the benefits of increment for the year of service rendered by the petitioners prior to their retirement on 30th June of the respective calendar year along with all consequential benefits including arrears and interest.
3. Mr. Gehlot, learned advocate appearing for the petitioners submits that the case involved in the present petitions is akin to the one decided by the Division Bench of this court vide order dated 27.04.2022 in Letters Patent Appeal No. 868 of 2021 confirming the decision of the learned Single Judge rendered in Special Civil Application No. 10308 of 2021. The order dated 27.04.2022 passed in the Letters Patent Appeal reads as under:
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 ....
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 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 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....
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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