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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Rajesh Kumar Patil – Petitioner
Versus
State of H.P. & Ors. – Respondents
CWP No.8350 of 2024
Decided On : 08-04-2025
(A) Constitution of India - Article 226 - Writ of Certiorari and Mandamus - Petitioners, retired employees, claim annual increments due prior to retirement - Court directed respondents to consider cases for grant of notional increment and revised pension in light of Supreme Court rulings. (Paras 1, 3, 4)
(B) Legal Principles - Employees entitled to annual increment earned on last service day - Increment to be considered for pension calculation only. (Paras 3, 4)
(C) Interim Orders - Supreme Court clarified applicability of judgment to third parties, effective from 01.05.2023. (Paras 3(i), 3(ii))
Facts of the case:
Petitioners retired on 31.12.2008 and 31.12.2015, seeking increments due on 01.01.2009 and 01.01.2016, respectively, which were not granted.
Findings of Court:
Respondents directed to consider petitioners' cases for increments and revised pensions within six weeks.
Issues: Whether petitioners are entitled to annual increments and how the Supreme Court's rulings apply to their cases.
Ratio Decidendi: The court emphasized the entitlement of employees to increments earned prior to retirement and the necessity of adhering to Supreme Court directives regarding pension calculations.
Result: Writ petition disposed of with directions to consider the petitioners' claims.
JUDGMENT :
(Jyotsna Rewal Dua, J.)
Petitioner No.1, serving as Incharge Literacy-cum-District Adult Education Officer, and Petitioner No.2, serving as Project Officer in the respondent-Education Department, retired on 31.12.2008 and 31.12.2015, respectively, on attaining the age of superannuation. In the present petition, they are claiming the benefit of one annual increment each for the service rendered by them during the 12 months preceding the dates of their respective retirements, which increment was due to them on 01.01.2009 and 01.01.2016, Whether reporters of Local Papers may be allowed to see the judgment? Yes respectively. The reliefs prayed for by the petitioners read as under:–
“A. That a Writ in the nature of Certiorari or any other appropriate writ order or directions may kindly be issued quashing the impugned communication/ rejection order dated 18.07.2024 (Annexure P-5) being patently illegal, arbitrary and unconstitutional.
B. That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to grant the annual increment due to the Petitioner No-1 on 01.01.2009, and to the Petitioner No-2 on 01.01.2016 respectively and the Pension Payable to the Petitioners be ordered to be re-fixed accordingly.
C. The respondents may further be directed to pay to the petitioners the consequential increased amount of pension from the date of superannuation, along with the arrears plus interest thereon @ 9% per annum.
D. That the Respondents may be directed to produce the entire record of the case for the kind perusal of the Hon'ble Court.
3. Grievance of the petitioners is that their representation/legal notice dated 10.06.2024 (Annexure P-4), 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.,
3(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
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 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 on the last date of service, impacting pension calculations.
Employees are entitled to notional increments earned prior to retirement for pension calculations, as established by the Supreme Court.
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, 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.
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.
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