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2025 Supreme(HP) 874

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Mast Ram Chaudhary – Appellant
Versus
State of H.P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Prem P. Chauhan, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General.

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 Principal in the respondent-Education Department, retired on 31.12.2021 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 01.01.2022. The reliefs prayed for by the petitioner read as under:-

“(a) To issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 28.02.2024 (Annexure P-2) of the writ petition, as unconstitutional and illegal and contrary to the law;

(b) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to grant the annual increment due on 01.01.2022 for the service rendered in 2021 and release all consequential benefits, including arrears, with interest @ 18% for all purposes and intents.”

4. Grievance of the petitioner is t

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