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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Hanumanram S/o Shri Shriram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
REKHA BORANA, J.
1. All the present writ petitions have been filed with a prayer that the petitioners be held entitled to get the benefit of annual grade increment falling due on 1st July irrespective of their superannuation on 30th June.
2. The writ petitioners comprise of persons retiring between the period of year 2007 to 2023. A list of respective petitioners in all the writ petitions, with the date of their retirement, is annexed as Appendix-A.
3. Counsel for the petitioners submit that the issue involved has been put to rest by a Coordinate Bench judgment of this Court at Jaipur in Vijay Singh & Ors. Vs. State of Rajasthan through Principal Secretary & Ors., 2023 (7) WLC 211 (Raj.) whereby the Court, while relying upon the Hon’ble Apex Court judgment in The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., (2023) 14 SCC 411 observed and held as under :
“41. Hence, looking to the binding effect of above judgment of Hon’ble Apex Court in the case of C.P. Mundinamani (supra) and All India Judges Association (supra), it is held that the petitioners would be entitled to get the benefits of increment falling due on 1st July on account of their conduct for the req
Retirees are entitled to annual grade increments despite superannuation, but entitlement to arrears depends on timely challenges to non-payment.
Superannuated employees are entitled to notional increments due despite retirement, with the court mandating pension refixation and arrears payment based on established legal precedents.
Petitioners entitled to notional increments post-superannuation based on prior conduct, as per binding judicial precedent.
Employees retiring on 30th June entitled to notional 1st July increment for pension after completing qualifying service.
Employees are entitled to annual increments earned during the last year of service, even if they retire before the increment date, as established by Supreme Court precedent.
An employee is entitled to an annual increment earned prior to retirement for pension calculations, as established by recent Supreme Court rulings.
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