Advocates:
Advocate Appeared:
For the Appellant : Mr. Sudhir Yadav Mr. K.C. Sharma Mr. Sandeep Saxena Mr. Lokendra Singh Shekhawat Mr. Samrath Sharma Mr. Anand Sharma Mr. Ravi Kant Agarwal Mr. S.K. Saxena Mr. Rahul Ghiya Mr. Ram Pratap Saini Mr. V.K. Gaur Mr. C.P. Sharma Mr. Jai Lodha Mr. Hanuman Choudhary Mr. Sandeep Sharma Mr. Kamal Kant Sharma Ms. Sonia Kumari Mr. Vigyan Shah Mr. Amit Singh Shekhawat Mr. Shashwat Purohit Ms. Parmeshwari Choudhary Mr. Devendra Kumar Bhardwaj Mr. Prahlad Singh Mr. Sandeep Kalwaniya Mr. Tanveer Ahamad Mr. Mahesh Kumar Sharma Mr. Damodar Prasad Pujari Mr. Rajveer Sharma Mr. Rajkumar Sharma Mr. Ashwani Jangid Mr. Ajay Choudhary Mr. Mahendra Sharma Mr. Atul Kumar Jain Mr. R.D. Meena Mr. Akhil Simolte Mr. Nishant Sharma Mr. Bhartesh Joshi Dr. Saugath Roy Mr. Akhilesh Kumar Saini Mr. Santosh Singh Shekhawat Mr. Dinesh Kumar Saini Mr. Sumit Khandelwal Mr. Sandeep Garssa Mr. Krishan Kumar Sharma
For the Respondent: Major R.P. Singh, AAG (Sr. Adv.) Mr. C.L. Saini, AAG Ms. Sheetal Mirdha, AAG Mr. Rajesh Maharshi, AAG with Mr. S.S. Raghav, AAG with Mr. A.S. Rathore, Mr. Mananjay Rathore Mr. Udit Sharma & Ms. Shretima Bagri Dr. Ganesh Parihar, AAG with Mr. Sameer Sharma & Mr. Vishnu Shanker Badaya Mr. Hari Kishan Saini, Dy.G.C. Mr. Rohit Choudhary, Dy.G.C. Mr. Ajay Pratap Singh, Dy.G.C. Mr. P.S. Naruka for Mr. Rupin Kala, GC Ms. Parnitoo Jain Mr. Akshay Sharma, AGC Mr. Narendra Singh Yadav, RHB

Based on the provided legal document, the key points relevant to your query are as follows:

1. Legal Issue: The primary question is whether retired employees, who retired just before the due date of an annual increment, are entitled to the benefit of that increment for the purpose of pension refixation and other benefits.

2. Legal Framework: The rules governing annual increments specify a uniform date, typically July 1st, for the grant of increments. These rules require employees to have completed a minimum period of service (usually six months) as of that date to be eligible for the increment (!) (!) .

3. Retirement and Increment Entitlement: The law recognizes that an employee who has completed the requisite service period with good conduct is entitled to the increment earned for that year, even if they retire immediately after or on the day before the increment date. The key principle is that the entitlement to the increment accrues on the day following its earning, which is usually the day after the employee completes the service period with good conduct (!) (!) (!) .

4. Finality of Supreme Court Decisions: The judgments of the highest court are binding and create a binding precedent. The finality and stability of these judgments are emphasized, and re-opening or challenging these judgments without compelling reasons is generally not permissible (!) (!) (!) .

5. Judicial Consensus: Multiple High Courts and the Supreme Court have consistently held that employees who have earned the increment are entitled to its benefits for pension calculation purposes, even if they retire on the last day before the increment date. The rationale is that the increment is earned based on service rendered over the year, and denying it solely because the employee was not in service on the actual increment date would be arbitrary and unreasonable (!) (!) (!) (!) .

6. Direction for Consideration: The courts have directed authorities to reconsider cases of retired employees in light of these principles, to grant notional increments where applicable, and to refix pensionary benefits accordingly (!) (!) .

7. Legal Principles: The principles of equality, reasonableness, and non-arbitrariness underpin the judgments, affirming that employees who have earned the increment are entitled to its benefits, regardless of the precise date of retirement relative to the increment date.

Summary: Employees who have completed the service period necessary for earning an annual increment are entitled to that increment for pension refixation purposes, even if they retire just before the increment date. The entitlement accrues on the day after the increment is earned, and the benefit cannot be denied on the ground that the employee was not in service on the actual date of the increment. The legal rulings emphasize finality, binding precedent, and the principles of fair and reasonable treatment of retiring employees.