An employee is entitled to the annual increment earned on the last date of service, as established by the Supreme Court.

JUDGMENT :

Jyotsna Rewal Dua, J.

Notice. Mr. Amandeep Sharma, learned Additional 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 Head Constable in the respondent-Police Department, retired on 31.07.2014 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 01.08.2014. The reliefs prayed for by the petitioner read as under:-

“i. Mandamus: That a writ in the nature of mandamus may kindly be issued, directing the respondents to grant the petitioner the one increment due on 01.08.2014, and further directing the respondents to grant all consequential benefits arising from the grant of this last annual increment, in view of the judgment passed by the Hon’ble Supreme Court in Civil Appeal No.2471/2023 (SLP(C) No.6185/2020) titled Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.

ii. Certiorari: That a writ in the nature of certiorari may kindly be issued, quashing and setting aside the rejection of representation through order dated 20.11.2024, in the interest of justice and fair play.”

4. Grievance of the petitioner is that his representation dated 01.07.2024 (Annexure P-1), seeking release of annual increment for a period of 12 months preceding his retirement, has been wrongly rejected by the respondents on 20.11.2024 (Annexure P-5). 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 interim order passed in Union of India & Anr. vs. M. Siddaraj, Miscellaneous Application Diary No.2400/2024 in Special Leave Petition (C) No.4722/2021, order dated 06.09.2024, more particularly vis-à-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 pe