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J. J. MUNIR
Sushil Kumar Vig – Appellant
Versus
Union Bank of India – Respondent
JUDGMENT :
J.J. Munir, J.
This writ petition is directed against an order dated 15.6.2023, passed by the General Manager (Human Resource), Central Office E.R.D., Union Bank of India, Mumbai, declining to pay increment due to the petitioner for the period 1st Feb, 2012 to 31st Jan, 2013. The petitioner has further prayed that a mandamus be issued to the respondents ordering them to pay notional annual increment for the period 1.2.2012 to 31.1.2013 that fell due on 1st Feb, 2013 in accordance with law.
2. The brief facts giving rise to this petition are that the petitioner is a retired Senior Manager who retired from the service of the respondent-Union Bank of India (for short, 'the Bank') on 31.1.2013 upon attaining the age of superannuation. It is not in dispute that he has received all terminal benefits upon his retirement. The petitioner's date of birth is 1.2.1953 and he has, therefore, retired on 31st Jan, 2013.
3. The petitioner's case is that the annual increment due to the petitioner for the period 1st Feb, 2012 to 31st Jan, 2013 falls due on the 1st of February of each year. The petitioner has always been paid his regular increment while in service on the 1st of February every
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.
Employees are entitled to increments earned prior to retirement, even if the increment is due the day after retirement, as denying it is arbitrary.
Increment is earned for rendering service with good conduct in a year/specified period – The moment a government servant has rendered service for a specified period with good conduct, in a time scale....
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....
Denial of notional increment to retiring government employees based solely on retirement timing violates principles of reasonableness and entitlement under pension rules.
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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