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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Jasmer Singh - Appellant
Versus
State of H.P. and Ors. - Respondents
CWP No. 3648 of 2025
Decided on : 01-05-2025
(A) Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors. - Civil Appeal No.2471/2023 - Claim for notional increment for pension calculation - Petitioner, a retired Senior Scale Stenographer, sought an increment for the year preceding retirement, which was not considered by the respondents. The court emphasized the entitlement to annual increment earned before retirement, as established by the Supreme Court. (Paras 3, 4, 5)
(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, excluding prior periods. (Paras 4(i), 4(ii))
(C) Compliance - The court directed the respondents to consider the petitioner's claim for the notional increment in light of the Supreme Court's rulings, mandating completion of this exercise within six weeks. (Paras 5)
Findings of Court:
The court ruled in favor of the petitioner, directing the respondents to grant the notional increment for pension purposes.
Issues: The main issue was whether the petitioner was entitled to the notional increment for pension calculation based on the Supreme Court's directives.
Ratio Decidendi: The court reaffirmed that employees are entitled to increments earned prior to retirement, as per the Supreme Court's ruling.
Result: Writ petition disposed of in favor of the petitioner.
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General, 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 Senior Scale Stenographer in the respondent- Police Department, retired on 31.10.2024 on attaining the age of superannuation. In this
“ That a writ in the nature of mandamus may kindly be issued by directing the respondent department to give one notional increment accruing for the period from 01.10.2023 to 31.10.2024 in favour of the petitioner for the purpose of pensionary benefits.”
4. Grievance of the petitioner is that his representation dated 17.11.2024 (Annexure P-2), 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., Civil Appeal No.2471/2023 and SLP(C) No.6185/2020, decided on 11.04.2023, wherein it was held that an employee is entitled to the annual increment, which he earned on the last date of his service for rendering services preceding one year from the date of his retirement with good behavior and efficiently.
4(i). It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an
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.will be given effect to in case of third parties from the date of the judgment; that pension will be paid by taking into ac
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.
Employees are entitled to annual increments earned prior to retirement, as established by the Supreme Court, affecting 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.
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 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.
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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