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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J.
Ramanbhai Gokaldas Patel – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 19291 Of 2023
Decided On : 22-01-2024
Increment - Retirement Benefits - Regulation 40(1) - Summary of Acts and Sections: The court discussed the entitlement of government servants to annual increments after retirement, citing the decisions of the Division Bench of the Court and the Supreme Court. The court referred to the interpretation of Regulation 40(1) and emphasized the right of government servants to receive annual increments for the services rendered over a year with good behavior and efficiency.
Fact of the Case:
The petitioners, government servants, retired on various dates and sought the benefit of annual increments for the period preceding their retirement. They contended that as per government policy, increments fall due on 1st July of the respective years of retirement, but they were not granted the benefit as they retired on 30th June.
Finding of the Court:
The court found in favor of the petitioners, citing the decisions of the Division Bench of the Court and the Supreme Court, which upheld the entitlement of government servants to annual increments after retirement. The court held that the petitioners were entitled to one increment due on specific dates and directed the respondent authorities to revise their pension and retirement benefits accordingly.
Issues: The main issue was the entitlement of government servants to annual increments after retirement, based on the interpretation of Regulation 40(1) and relevant case law.
Ratio Decidendi: The court relied on the decisions of the Division Bench of the Court and the Supreme Court, emphasizing the right of government servants to receive annual increments for the services rendered over a year with good behavior and efficiency. The court rejected the contrary view taken by some High Courts and held that denying a government servant the benefit of annual increment which he has already earned would be arbitrary and unreasonable.
Final Decision: The Special Civil Application was allowed in favor of the petitioners, and the respondent authorities were directed to revise the pension and retirement benefits of the petitioners. The application was dismissed for petitioners who retired after 30th June of the concerned year.
ORDER :
It is submitted by Mr. N.K.Majmudar, learned advocate for the petitioners, that the petitioner Nos.1, 5, 6, 7, 8, 10, 25, 73, 104 and 117 were also party in another writ petitions preferred through the Association and that they have already been granted benefit of one increment post retirement. In view thereof, he does not press the present Special Civil Application qua the said petitioners. Accordingly, this Special Civil Application stands dismissed as not pressed qua the aforesaid petitioner Nos.1, 5, 6, 7, 8, 10, 25, 73, 104 and 117.
2. The present Special Civil Application is filed praying for the following reliefs:-
B. Your Lordship may be pleased to issue appropriate writ, order or direction and quash and set aside the action of the respondent authorities of not releasing the periodical/yearly increment preceding for discharge of duties by the petitioners for a period preceding the one year preceding the 1st week of July of respective calendar in which the petitioners attended the age of superannuation and therefore the said action of the respondent authorities for not releasing the last yearly/periodical increment to the petitioners though the petitioners have attended the age of superannuation on 30th June of the respective calendar and became eligible and entitle to get yearly increment. the aforesaid action for not releasing the yearly increment is arbitrary and illegal;
C. Be pleased to direct the respondent authorities to pass appropriate order for making payment/for releasing the periodical yearly increment/increments which has become due and payable to the petitioners as the basis of discharge of duties from the 1st week July of respective calendar year in which the petitioners attended the age of superannuation and the Hon’ble Court may issue further direction to the respondent authorities or may kindly be directed to recalculate “Last Pay” drawn by the petitioners after addition of yearly/periodical increment in the “Salary & Wages” of the petitioners and the Hon’ble Court may kindly direct the respondent authorities to recalculate/revise the pension/gratuity/leave encashment and other consequential benefits after addition of the aforesaid increment in the “Last Pay Drawn” by the petitioners and the difference of salary may kindly be ordered to be paid with 12% interest from the respective date of superannuation of the petitioners;
D. By way of interim order be pleased to direct the respondent authorities to take decision to release the last earned yearly increment to the petitioners;
E. Pass such orders as thought fit in the interest of justice.”
3. The factual matrix in the present case is that the petitioners herein retired from the service on 30.6.2017, 30.6.2021, 30.6.2022, 30.6.2017, 30.6.2017, 30.6.2008, 30.6.2009, 30.6.2021, 30.6.2021, 30.6.2022, 30.6.2022, 30.6.2011, 30.6.2021, 30.6.2020, 30.6.2022, 30.6.2022, 30.6.2013, 30.6.2021, 30.6.2021, 30.6.2017, 30.6.2015, 30.6.2021, 30.6.2021, 30.6.2012, 30.6.2013, 30.6.2013, 30.6.2020, 30.6.2021, 30.6.2012, 30.6.2017, 30.6.2021, 30.6.2019, 30.6.2022, 30.6.2018, 30.6.2013, 30.6.2014, 30.6.2020, 30.6.2017, 30.6.2023, 30.6.2011, 30.6.2019, 30.6.2021, 30.6.2018, 30.6.2021, 30.6.2022, 30.6.2023, 30.6.2014, 30.6.2018, 30.6.2022, 30.6.2017, 30.6.2021, 30.6.2020, 30.6.2020, 30.6.2022, 30.6.2021, 30.6.2009, 30.6.2021, 30.6.2021, 30.6.2018, 30.6.2017, 30.6.2020, 30.6.2017, 30.6.2011, 30.6.2016, 30.6.2019, 30.6.2018, 30.6.2018, 30.6.2021, 30.6.2019, 30.6.2021, 30.6.2016, 30.6.2015, 30.6.2021, 30.6.2019, 30.6.2022, 30.6.2016, 30.6.2022, 30.6.2008, 30.6.2022, 30.6.2021, 30.6.2021, 30.6.2020, 30.6.2021, 30.6.2014, 30.6.2022, 30.6.2010, 30.6.2012, 30.6.2022, 30.6.2018, 30.6.2013, 30.6.2021, 30.6.2019, 30.6.2018, 30.6.2018, 30.6.2017, 30.6.2021, 30.6.2022, 30.6.2018, 30.6.2022, 30.6.2022, 30.6.2021, 30.6.2019, 30.6.2020, 30.6.2018, 30.6.2014, 30.6.2020, 30.6.2021, 30.6.2019, 30.6.2017, 30.6.2014, 30.6.2022, 30.
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