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IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Shri Pal – Petitioner
Versus
State of U.P. and Others – Respondents
Civil Misc. Writ Petition No. 13858 of 2023
Decided On : 01-04-2024
Increment - Writ Petition - C.P. Mundinamani - The court emphasized that employees who retire on the day before an increment is due are entitled to that increment, as it is earned through prior service, thus quashing the denial of the increment.
Fact of the Case:
The petitioner, a retired clerk, sought a mandamus for his denied annual increment for the period 1.7.2018 to 30.6.2019, which was rejected by the Nagar Ayukt on grounds of retirement before the increment was due.
Finding of the Court:
The court found that the denial of the increment was arbitrary and contrary to established legal precedents, particularly the Supreme Court's ruling in C.P. Mundinamani, which affirmed the right to increments earned prior to retirement.
Issues: Whether a retired employee is entitled to an increment that falls due the day after retirement, despite having completed the requisite service period.
Ratio Decidendi: The court held that an employee who has completed a year of service is entitled to the increment earned, regardless of retirement timing, as denying it would be arbitrary and unreasonable.
Result: The impugned order was quashed, and the petitioner was granted his annual increment with revised pension and costs.
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against the order dated 28.12.2019 passed by the Nagar Ayukt, Nagar Nigam, Meerut declining to grant the petitioner annual increment for the period 1st July, 2018 to 30th June, 2019. The petitioner prays that a mandamus be issued to the respondent-Nagar Nigam to pay his due increment for the period 1.7.2018 to 30.6.2019, payable on 1.7.2019.
2. When this petition came up for admission on 22.8.2023, this Court passed the following order:
The Nagar Aayukt, Nagar Nigam, Meerut will file an affidavit, showing cause why his order dated 28.12.2019 be not quashed being prima facie in the teeth of holding of the Supreme Court in Director (Admn. HR) KPTCL and others v. C.P. Mundinamani and others, 2023 SCC Online SC 401.
The affidavit shall be filed within ten days indicating how he has denied the petitioner's increments in the teeth of the holding of the Supreme Court in Re: C.P. Mundinamani (supra).
Lay this writ petition as fresh on 4.9.2023.
Let this order be communicated to the Nagar Aayukt, Nagar Nigam, Meerut by the Registrar (Compliance) within 48 hours.”
3. On the next date, that is 4.9.2023, the following order was made which effectively granted time to the Nagar Ayukt, Nagar Nigam, Meerut to comply with the order dated 22.8.2023 and show-cause why the order impugned be not held contrary to the law laid down by the Supreme Court in Director (Admn. HR) KPTCL and others v. C.P. Mundinamani and others, 2023 SCC Online SC 401:
Today when the matter is called on, no one is present on behalf of the petitioner and the private respondents.
Mr. Yashwant Singh, learned Counsel is present on behalf of the State.
This matter is adjourned as fresh to 14.9.2023.
In the meantime, the order dated 22.8.2023 shall be complied with and the Registrar (Compliance) shall submit a report regarding service of the order dated 22.8.2023.”
4. Since, there was no affidavit filed by 4.9.2023, while adjourning the matter, this Court called for a report from the Registrar (Compliance) in the matter.
5. The matter next came up on 14.9.2023, when this Court recorded the following order which also makes a verbatim reference to the report of the Registrar (Compliance):
As per the direction contained in Hon'ble Court's order dated 22.8.2023 (copy at flag 'A'), the order dated 22.8.2023 was duly communicated to the Nagar Ayukt, Nagar Nigam, Meerut, Through, The District Magistrate, Meerut for ensuring strict compliance, via email and Speed Post as well along-with D.O. letter No. 7909/RC (Civil) dated 24.8.2023 (copy at flag 'B'). The email receipt and Speed Post Track regarding the communication of the order dated 22.8.2023 is enclosed herewith (flag 'C') for Hon'ble Court's kind perusal.
The District Magistrate, Meerut, vide his letter No. 3478/O.S.D.-Camp/2023 dated 12.9.2023 (flag 'D') has submitted a report mentioning that the aforesaid Hon'ble Court's order dated 22.8.2023, has been communicated to the Nagar Ayukt, Nagar Nigam, Meerut in due course.
Mr. Pankaj Srivastava, learned Counsel for respondent No. 4, has appeared via video conferencing, but, due to slow internet speed, his voice could not been heard. Mr. Srivastava, however, conveyed through a text message that this matter may be taken up in the next week.
Lay as fresh on 28.9.2023, by which time the requisite personal affidavit shall be filed.”
6. A reading o
Employees are entitled to increments earned prior to retirement, even if the increment is due the day after retirement, as denying it is arbitrary.
An employee is entitled to an annual increment earned for a full year of service, even if the increment is due the day after retirement, to prevent arbitrary denial of benefits.
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 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 becoming payable on the succeeding day, even after retirement, and denying this entitleme....
The main legal point established in the judgment is the entitlement of a government servant to receive an increment becoming payable on 1st July even after retirement, as interpreted in various judgm....
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....
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