The main legal point established in the judgment is the entitlement of a retired government servant to receive notional increment for the purpose of pensionary benefits, in compliance with settled law and precedent cases.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who was working as Additional Commissioner of Commercial Tax and Goods and Service Tax (Revenue) in the Commissionerate of the Commercial Tax and Goods and Service Tax, has filed this writ petition seeking to quash the letter dated 14.07.2020 under Annexure-3 rejecting his representations dated 08.01.2020 and 17.03.2020 to treat the next date of retirement i.e., 01.01.2020 as the date of grant of notional increment for the purpose of pensionary benefits, in compliance of direction given by this Court, vide order dated 27.05.2020 in W.P.(C) No. 11642 of 2020, and further seeks for a direction to grant notional increment for the period from 01.01.2019 to 31.12.2019 by treating the next date of increment, i.e., 01.01.2020 as the date of grant of notional increment for the purpose of pensionary benefits.

2. The factual matrix of the case, in hand, is that by following due procedure of selection, the petitioner was appointed and joined in service under the Government of Odisha on 17.10.1988 and subsequently promoted from time to time. His date of birth being 01.01.1960, on attaining the age of superannuation, he retired on 31.12.2019. He was allowed previous increment on 01.01.2019 and, as such, the next increment was due on 01.01.2020, which was the next day of his date of superannuation, i.e., 31.12.2019. But, he was not extended with the incremental benefit, which was fallen due on 01.01.2020, for which he submitted a representation to the authority. The same having not been acceded to, he approached this Court by filing W.P.(C) No. 11642 of 2020, which was disposed of on 27.05.2020 directing the authority to take a decision on the representation filed by the petitioner and pass appropriate order keeping in view the order dated 15.09.2017 of the Madras High Court in W.P.(C) No. 15732 of 2017 (P. Ayyamperumal v. The Registrar, Central Administrative Tribunal, Madras Bench), which was confirmed by the apex Court in Special Leave Petition (Civil) Diary No(s). 22283 of 2018. In compliance of the direction given by this Court, opposite party no.2 passed the impugned order dated 14.07.2020 in Annexure-3 stating therein that the date of birth of the petitioner being 01.01.1960, the date of his superannuation was on 31.12.2019, and that as he was allowed previous increment on 01.01.2019, his next increment was due on 01.01.2020, but on that date since the petitioner was no more in service, he was not entitled to any incremental benefit on the day following the superannuation i.e., 01.01.2020. Hence this writ petition.

3. Mr. S.K. Dash, learned counsel for the petitioner contended that admittedly, the date of birth of the petitioner is 01.01.1960 and on attaining the age of superannuation, he was retired from service on 31.12.2019. As such, his next increment was due on 01.01.2020, as he had received the previous increment on 01.01.2019. Therefore, for the period he rendered service from 01.01.2019 to 31.12.2019, he is entitled to get the increment, which should be notionally fixed, as the increment was due on 01.01.2020, so as to entitle him to get pensionary benefits.

It is further contended that the rejection of the claim of the petitioner, in compliance of the order dated 27.05.2020 passed by this Court in W.P.(C) No. 11642 of 2020, on the plea that he ceases to draw the pay and allowance as soon as he ceases to discharge duties from the day following the superannuation as per Rule-56 of the Odisha Service Code and becomes eligible for pension under Rule 82 of the Odisha Civil Services (Pension) Rules, 1992. It is further contended that as per the clarification obtained from the Finance Department, the annual increment falls due irrespective of the date of anniversary of appointment and as per Rule 10 of the Odisha Revised Scales of Pay Rules, 2017, the date of next increment shall be 12 months from the date of last sanction. Therefore, while rejecting the representation of the petitioner