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NIKHIL S. KARIEL
Gunvantbhai Kalyanbhai Khadsalia – Appellant
Versus
Gujarat Maritime Board – Respondent
ORDER :
1. Heard learned Advocate Mr. Rishabh Acharya for learned Advocate Ms. Harshal Pandya on behalf of the petitioners and learned Advocate Ms. Reeta Chandarana on behalf of the respondents.
2. Rule returnable forthwith. Learned Advocate Ms. Chandarana waives service of rule on behalf of the respondents.
3. Considering the submissions made by learned Advocate for the petitioners, it would appear that both of the petitioners have retired on 30th June of various years and whereas they have been denied benefit of increment which fell due on the 1st July. It would appear that the respondents have relied upon Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 to deny the benefit of one increment and consequential benefits to the petitioners whereas, it would be a submission on behalf of the petitioners that the issue is no more res integra more particularly since various learned Coordinate Benches of this Court including Hon’ble Division Benches of this Court having taken a view in favour of the persons similarly situated to the present petitioners.
4. Learned Advocate for the petitioners would also draw the attention of this Court to a decision of the Hon’ble Apex Court rendered i
The main legal point established in the judgment is that the issue of payment of one increment to employees who have retired on 30th June is no longer res integra and stands decided based on various ....
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 denial of increment to retired employees based on Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 was found to be arbitrary and unreasonable, and the court emphasized the entitlement of e....
Employees retiring on 30th June/31st December after one year service entitled to notional annual increment despite Rule 10 fixing date next day; for pension refixation, arrears limited to three years....
Employees retiring on 30th June entitled to notional 1st July increment for pension after completing qualifying service.
Employee retiring on 30th June entitled to 1st July notional increment for pensionary benefits after one year service.
The court established that the state can limit arrears for increments to three years for belated claims, reinforcing the importance of timely action by employees.
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....
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....
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