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HARSIMRAN SINGH SETHI
Gurdev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) - By this common order, 23 petitions, the details of which have been given in the heading of the order, are being disposed of as all these petitions arise on the same question of law. For the sake of convenience, facts are being extracted from CWP No.32598 of 2019.
2. In the present petition, the grievance of the petitioners is that by the date of attaining the age of superannuation, they had already completed 12 months continuous service so as to become eligible for the grant of increment as envisaged under Rule 4.7 of the Punjab Civil Services Rules Volume 1 Part 1 but the said benefit has not been extended to them only on the ground that the benefit of increment, for which, they had become entitled for, could have only been granted to refix their pay on the very nextday of completion of 12 months but as they retired from services before the said date and as they were not in service on such date, the question of re-fixation of their pay by the grant of increment for services for continuous 12 months prior to the date of retirement cannot arise and therefore, the emoluments which the petitioners were drawing on the last date of their service
An employee completing 12 months of continuous service is entitled to an increment, to be granted from the first day of the month in which the service is completed, as per Rule 4.9-A.
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 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 la....
Government servants are entitled to increments becoming payable on 1st July even after retirement, and denying a government servant the benefit of annual increment which he has already earned while r....
The main legal point established in the judgment is the entitlement of employees to the benefit of increment falling due on the 1st of July, even if they had retired on 30th June, based on the interp....
Employee entitled to notional increment earned before superannuation despite retiring next day; benefit for third parties prospective from 01.05.2023 per Supreme Court clarification.
Employees entitled to notional increment earned before retirement despite accruing post-retirement, based on satisfactory prior service.
Retired employees entitled to notional increment earned by completing one year service up to 30th June despite retiring next day; denial arbitrary as entitlement crystallises on service rendered with....
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