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 can raise the officer's remuneration.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. All the four petitioners have superannuated from Railway Protection Force, on 30th June, 2019 from the post of Inspector/Sub-Inspector/Assistant Sub-Inspector and Head Constable, respectively. They claim to have worked for the entire year i.e. 1.7.2018 to 30.6.2019, with good conduct and have thus raised a claim for grant of annual increment for the year 2018-19. Annual increment for the year 2018-19, however, fell due under the relevant rules only on 1.7.2019, by when the petitioners had superannuated. Their claim has consequently been rejected by the Senior Divisional Security Commissioner, Railway Protection Force, North Central Railway, Allahabad vide orders dated 24.2.2020, 27.1.2020 and 2.3.2020. These orders are challenged in the present writ petition.

2. A counter affidavit and later a supplementary-counter affidavit has been filed in the matter on behalf of the respondents, to which a rejoinder affidavit has been filed by the writ petitioners. With the consent of learned counsel for the parties this petition is taken up for final disposal, at the admission stage itself. I have heard Sri. J.N. Singh, learned counsel for the petitioners and Sri. Arun Kumar Gupta, learned counsel for the respondents and perused the materials on record.

3. Petitioner no. 1 was initially appointed as Constable in the respondent Railway Protection Force on 29.7.1978 and was promoted to the post of Assistant Sub-Inspector in the year 1989. He was further promoted to the post of Sub-Inspector in the year 2001 and then promoted as Inspector in the year 2010. He has superannuated on 30.6.2019. Similarly, petitioner No. 2 was appointed as Constable on 1.8.1978 and has been promoted to higher posts from time to time. He has superannuated on 30.6.2019 from the post of Sub-Inspector. Petitioner No. 3 was appointed as Constable in the same Force on 15.10.1979 and has ultimately superannuated on 30.6.2019 from the post of Assistant Sub-Inspector. Petitioner No. 4 was appointed as Constable on 4.11.1980 and has superannuated on 30.6.2019 from the post of Head Constable.

4. Pension and other retiral benefits have been sanctioned to all the petitioners vide orders dated 26.6.2019 and 27.6.2019, w.e.f. 1.7.2019. Annual increment payable for the completed satisfactory work during recruitment year 2018-19, however, has been denied to them. According to respondents annual increment for the satisfactory working in the recruitment year fell due only on 1.7.2019 by when petitioners were not in employment, as such, the annual increment for the year 2018-19 is not due to them.

5. Issue as to whether annual increment payable under the Service Rules on 1st of July, upon satisfactory working for the previous year 1st July to 30th June could be paid to the employees retiring on 30th June has been examined by different High Courts and there appears to be lack of uniformity in the views so expressed. Learned counsel for the parties have relied upon judgments which supports their respective claim. It would, therefore, be appropriate to proceed with deliberations on the issue after noticing the judgments available on the subject, that are cited before me.

6. Learned counsel for the petitioners have relied upon a Division Bench Judgment of the Madras High Court in P. Ayyamperumal vs. Registrar, CAT in Writ Petition No. 15732 of 2017, decided on 15.9.2017, wherein the Court has allowed payment of annual increment to a government servant, in similar circumstances, wherein also he retired on 30th of June and under the Rules payment of annual increment fell due on the 1st of July, next. The reasoning is assigned in paragraphs 6 and 7 of the judgment, which is reproduced hereinafter:-

“6. In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the pet