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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, CJ, JIYA LAL BHARDWAJ
Prem Chand Verma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks increment during post-superannuation extension. (Para 1 , 2) |
| 2. extension order under article 229 grants handbook benefits. (Para 3 , 4 , 5 , 6) |
| 3. supernumerary post irrelevant to extension benefits. (Para 7 , 8 , 22 , 23 , 24) |
| 4. state communications deny increment per 2015 instructions. (Para 9 , 10 , 11 , 12 , 13 , 15) |
| 5. administrative query unnecessary post chief justice order. (Para 14 , 16) |
| 6. handbook mandates increments for service extension. (Para 17 , 18 , 19) |
| 7. handbook prevails over instructions per precedent. (Para 20) |
JUDGMENT :
G.S. Sandhawalia, CJ.
The writ petitioner seeks grant of annual increment w.e.f. 01.11.2022 with all consequential benefits.
2. The State vide its communication addressed to the Registrar General, dated 29.03.2023 (Annexure R-2/B) has stood by its earlier communication dated 22.12.2022 (Annexure R-2/A) and has clarified that the Finance Department’s instructions dated 23.06.2015, would cover the matter and that an employee during the period of extension in service beyond the superannuation date would not be entitled for the benefit of increment.
3. The petitioner, who appears in person, submits that he was granted ext
Extension in service beyond superannuation under Article 229 entitles employee to annual increment per handbook distinguishing it from re-employment, prevailing over instructions denying pay increase....
Point of Law : A Government servant has no right to continue in service beyond the age of superannuation and if he is retained beyond that age it is only in the exercise of the discretion of the Gove....
Point of Law : powers of Government of India, of Local Governments and of subordinate authorities to grant a premature increment to an officer are subject to limits up to which each such authority ca....
Point of law: The expression 'emoluments' means basic pay as defined in Rule 9(21) (a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the....
The right to extension in service for National Award recipients cannot be negated by subsequent policy changes if it was accrued under prior notifications.
The main legal point established in the judgment is the entitlement of a government servant to annual increment after retirement, emphasizing that denying the benefit earned through good conduct and ....
The main legal point established in the judgment is that government servants are entitled to annual increment after retirement, as the increment becomes payable on the succeeding day and denying it w....
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