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A. MUHAMED MUSTAQUE, MURALI PURUSHOTHAMAN
STATE OF KERALA – Appellant
Versus
JAYACHANDRAN P. S. S/O K. PURUSHOTHAMAN – Respondent
JUDGMENT :
A. MUHAMED MUSTAQUE, J.
1. The question that was considered by the Tribunal was whether the increment that falls due immediately after the date of retirement of Government servant could be reckoned for computing pension and other benefits or not. The Tribunal answered in favour of the applicants. The State has come up with these original petitions.
2. The stand of the State is based on Government Decision No. 1 under Rule 31 of the Kerala Service Rules, which reads thus:
An increment shall be granted from the first day of the month in which it falls due.
This decision shall be deemed to have come into force with effect from 1st April 1974.
3. According to the learned Government Pleader, if the retirement occurs before the first day of the month, that means subsequent to the retirement, increment cannot be reckoned for the purpose of computation of pension and other benefits and that this increment is due only on the first day of the month.
4. The learned Government Pleader also relied on the Division Bench judgment of this Court in Union of India and Another v. Pavithran K. and Another, 2022 ICO 2055 which interprets the Central Civil Services (Pension)
Increments earned for good conduct during service must be included in pension calculations, regardless of retirement timing.
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....
Employees entitled to notional increment earned before retirement despite accruing post-retirement, based on satisfactory prior service.
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 government servants are entitled to annual increment becoming payable on the succeeding day, even after retirement, and denying this entitleme....
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.
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....
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, and denying a governme....
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