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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ananda Sen
Pandab Chandra Das – Appellant
Versus
State of Jharkhand through the Principal Secretary, Road Construction Department – Respondent
JUDGMENT :
ANANDA SEN, J.
In this writ application the petitioner has prayed for grant of his annual increment which according to the petitioner is due w.e.f 23.07.2010 till the date of his retirement i.e. 30.04.2017. He has also prays that the consequential monetary benefit should also be granted to the petitioner.
2. The facts are admitted in this case. The petitioner was appointed as a Junior Engineer in 1980 in Public Works Department, Patna, Bihar. The petitioner superannuated on 03.04.2017 as Assistant Engineer, N.R.E.P, Lohardaga. It is the case of the petitioner that his annual increment for the period mentioned above has not been paid on the ground that he has not passed the two papers in departmental examination.
3. He submits the he had already filed a representation to exempt him since he had attained the age of 50 years and had tried his level best and has also attempted to pass the examination, but he could not.
4. The respondents in their counter affidavit has also taken the stand that the petitioner has not passed the departmental examination thus he was found unfit to get the annual increment. Further he submits that the petitioner as a matter of right cannot claim exem
Employment benefits must be granted when administrative exemptions under service rules are not duly considered, ensuring procedural fairness.
Exemption from departmental examination can be granted retrospectively; discrimination against similarly situated officers violates Article 14.
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 entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day, and denying a governme....
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....
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....
Government servants are entitled to annual increments after retirement for the services rendered over a year with good behavior and efficiency, as interpreted by the Division Bench of the Court and t....
The main legal point established in the judgment is that government servants are entitled to annual increment becoming payable on the succeeding day, even after retirement, and denying this entitleme....
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