The entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day.

ORDER :

VIPUL M. PANCHOLI, J.

1. All these Letters Patent Appeals, which are filed under Clause 15 of the Letters Patent by the appellants- original respondents challenging the order passed by the learned Single Judge in the captioned petitions, whereby, the learned Single Judge has allowed the petitions filed by the respective respondents-original petitioners.

2. As the issue involved in all these appeals is similar, learned advocates appearing for the parties jointly requested that all these appeals be heard together and the same may be decided together by this common order.

3. For the sake of convenience, the facts as stated in Special Civil Application No.11571 of 2021 are considered.

4. It is the case of the original petitioner that he had joined the service of the respondent No.2 as an Instructor (Printing) on 23.03.1981. Thereafter, the petitioner came to be promoted to the post of Rector-cum-Superintendent, (Class III). The petitioner retired from the service on 30.06.2012 on attaining the age of superannuation from the aforesaid post (Class III). It is therefore, the case of the petitioner that he had rendered service for more than 31 years with the respondent. It is further the case of the petitioner that after retirement from the service, the petitioner was granted promotion to the post of Industrial Promotion Officer (Class II) with deemed date of promotion i.e. with effect from 01.06.2009 vide order dated 21.08.2019. It is also the case of the petitioner that before his retirement from service, the petitioner had rendered one full year of service from 01.07.2011 to 30.06.2012 and therefore, he was entitled to get the benefit of annual increment for the said period of service. The petitioner had also submitted that as per the policy of the Government, the said increment was due on 01.07.2012. However as the petitioner had retired from service on 30.06.2012, he was not granted the said benefit by the respondent authority. The petitioner, therefore, made a representation to the concerned respondent. However, the respondent authority rejected the said representation. The petitioner, therefore, filed an appeal, being Appeal No.188 of 2020, before the Gujarat Civil Services Tribunal (hereinafter referred to as, “the Tribunal”). The Tribunal also rejected the said appeal on technical ground that the claim of the petitioner was against the policy of State Government and the same cannot be accepted. The petitioner therefore, filed captioned petition before this Court. The learned Single Judge vide impugned order dated 03.08.2022 allowed the said petition filed by the petitioner, and therefore, the appellants-State Government has preferred the appeals.

5. Heard the learned Assistant Government Pleader appearing for the appellants- original respondents and the learned advocates appearing for the respondents original petitioners.

6. At this stage, it is pertinent to note that while allowing the captioned petitions filed by the respective respondents-original petitioners, the learned Single Judge placed reliance upon the order dated 27.04.2022 passed by the Division Bench of this Court in Letters Patent Appeal No.868 of 2021 wherein, the learned Single Judge has granted benefit of one increment to the respective petitioners.

7. Thus, as observed hereinabove, the issue involved in all these appeals being identical, with the consent of the learned advocates for the respective parties, the matters are taken up together for final disposal.

8. The learned AGP mainly submits that as the respective petitioners have retired from the service on 30th June of particular year and the increment was due on 1st July, they are not entitled to claim to the said annual increment as per the policy of the Government. In spite of that, learned Single Judge has allowed all the aforesaid petitions, and thereby, directed the appellants- original respondents to grant benefit of one increment to the petitioner in case of the petitioners retired from the service