Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
Shashi Paul - Appellant
Versus
The State of Himachal Pradesh and Others - Respondents
CWP No. 3909 of 2025
Decided On : 13-05-2025
(A) Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors. - Civil Appeal No. 2471/2023 - Pension - Increment entitlement - Employee entitled to annual increment earned on last service day for pension calculation - Interim order clarifying applicability to third parties from 01.05.2023 - Enhanced pension for prior periods not payable. (Paras 3, 4, 5, 6)
(B) Pensionary benefits - Increment due on retirement - Employees retiring before increment date entitled to notional increment for pension calculation - Compliance with Supreme Court directives necessary. (Paras 4, 5, 6)
Facts of the case:
The petitioner, a retired Principal, claims an increment for the year preceding retirement, which was due on 01.10.2022, and seeks to quash an office order denying this increment. The claim is based on a Supreme Court ruling affirming entitlement to increments earned prior to retirement.
Findings of Court:
The court directed the respondents to consider the petitioner's representation for the notional increment and revised pension in accordance with the Supreme Court's judgment, to be completed within six weeks.
Issues: The main issues included the entitlement to an increment for pension calculation and the applicability of the Supreme Court's ruling to the petitioner.
Ratio Decidendi: The court emphasized that employees are entitled to increments earned prior to retirement for pension calculations, and compliance with the Supreme Court's directives is mandatory.
Result: Writ petition disposed of with directions to consider the representation.
JUDGMENT :
Sandeep Sharma J.
1. Notice. Mr. Rajan Kahol, learned Additional Advocate General, accepts 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 Principal in the respondents-Education Department retired on 30.09.2022 on attaining the age of superannuation. In this petition, the petitioner 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 01.10.2022. The reliefs prayed for by the petitioner read asunder:-
(a) That the present Civil Writ Petition may kindly be allowed and the impugned office order dated 22.01.2025 (Annexure P-XII) passed by the respondent department may kindly be quashed and set-aside.
(b) The present Civil Writ Petition may kindly be allowed and the respondents be directed to grant the annual increment due to the petitioner on 01.10.2022 on account of the service rendered by the petitioner w.e.f 01.10.2021 to 30.09.2022 and the pension payable to the petitioner may be ordered to be refixed accordingly. (c) That the respondents may further be directed to pay the petitioner the consequential increased amount of pension from the date of superannuation, alongwith the arrears plus interest thereon @ 9% per annum, w.e.f. 01.10.2022..”
4. Grievance of the petitioner is that his representation at Annexure P-11 seeking the above reliefs have not been considered by the respondents and the same was rejected . The above reliefs has been prayed on the strength of law laid down by the Hon’ble Apex Court in the Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., Civil Appeal No. 2471/2023 & SLP (C) No. 6185/2020 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 behaviour and efficiently:
(i) It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order passed in11.04.2023 Union of India & Anr. vs. M. Siddaraj, [Miscellaneous Application Diary No. 2400/2024 in Special Leave] more particularly vis-a-vis its application to third parties. The order reads as under:-
“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 alr
Employees are entitled to annual increments earned prior to retirement for pension calculations, as clarified 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, as clarified by the Supreme Court.
An employee is entitled to an annual increment earned prior to retirement for pension calculations, as established by recent Supreme Court rulings.
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.
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.
An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
