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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J.
Ram Singh - Petitioner
Versus
HRTC and Ors. - Respondents
CWP No. 9973 of 2023
Decided On : 02-04-2025
(A) Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors. - Civil Appeal No.2471/2023 - Claim for increment and pensionary benefits - Petitioner, a retired driver, sought an increment due for the year preceding retirement, citing the Supreme Court's ruling that employees are entitled to annual increments earned before retirement. (Paras 3 , 4 )
(B) Interim Orders - The Supreme Court clarified the applicability of its judgment to third parties, stating that enhanced pension would be effective from 01.05.2023, and prior periods would not be compensated. (Paras 4 (i), 4(ii))
(C) Compliance with Supreme Court Orders - The respondents are directed to consider the petitioner's claim for the increment and revised pension in accordance with the Supreme Court's directives. (Paras 5 )
Facts of the case:
The petitioner retired on 30.11.2020 and claimed an increment due from 01.12.2019 to 30.11.2020, which was not considered by the respondents.
Findings of Court:
The court directed the respondents to consider the petitioner's claim for the increment and revised pension based on the Supreme Court's rulings.
Issues: The main issue was whether the petitioner was entitled to the increment and pensionary benefits as per the Supreme Court's judgment.
Ratio Decidendi: The court emphasized the necessity for the respondents to comply with the Supreme Court's directives regarding pension calculations and increments.
Result: Writ petition disposed of with directions to consider the petitioner's claim.
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice. Mr. Dheeraj K. Vashishat, learned counsel, appears and waives service of notice on behalf of the respondents.
2. With the consent of learned counsel for the parties, the matter is heard at this stage.
3. Petitioner, serving as Driver in the respondent- HRTC-Corporation, retired on 30.11.2020 on attaining the age of superannuation. In this petition, he is claiming increment for one year of service rendered by him preceding the date of his retirement, i.e. for the period of 12 months, which was actually due to him on 01.12.2020. The reliefs prayed for by the petitioner read as under:-
“(a) That the respondents may kindly directed to grant one increment which was due to petitioner after working for 1 complete years from 01.12.2019 to 30.11.2020 and for granting consequential Pensionary Benefits with interest of 18% per annum in the interest of justice and fair play;
(b) Respondents may kindly be directed to decide the matter strictly in accordance with Annexure P-2.”
4. Grievance of the petitioner is that his representation dated 01.06.2023 (Annexure P-3), seeking the above reliefs, has not been considered by the respondents. The above reliefs have been prayed on the strength of law laid down by the Hon’ble Apex Court in Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.,
4(i). It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order passed in Union of India & Anr. vs. M. Siddaraj,
“It is stated that the Review Petition in Diary No.36418/2024 filed by the Union of India is pending.
The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No.2471/2023 , titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned.
We are informed that a large number of fresh writ petitions have been filed.
To prevent any further litigation and confusion, by of an interim order we direct that:
(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.
(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate preferred, court.
(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No.3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed.
This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d).
Re-list in the week commencing 04.11.2024.”
In the above extracted order, direction has inter-alia been issued that the judgment dated 11.04.2023 passed in Director (Admn. and HR) KPTCL & Ors.2 will be given eff
Employees are entitled to annual increments earned prior to retirement, as established by the Supreme Court, affecting pension calculations.
Employees are entitled to notional increments earned prior to retirement for pension calculations, as established by the Supreme Court.
An employee is entitled to an annual increment earned on the last date of service, impacting pension calculations.
An employee is entitled to an annual increment earned prior to retirement for pension calculations, as established by recent Supreme Court rulings.
An employee is entitled to an annual increment earned prior to retirement, as clarified by the Supreme Court.
Employees are entitled to annual increments earned prior to retirement for pension calculations, as clarified by the Supreme Court.
Employees are entitled to annual increments earned prior to retirement, which must be considered for pension calculations as per Supreme Court directives.
An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.
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.
Retired employees are entitled to increments due at retirement when calculating pension benefits.
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