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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
R.K. Prasad – Appellant
Versus
Union of India – Respondent
JUDGMENT :
J.J. MUNIR, J.
This writ petition has been filed by twelve petitioners, all employees of the Railway Protection Force, ‘RPF’ for short, who retired from service during different years, but on 30th of June. Since they were not in service on 1st of July of the year in which they retired, the annual increment they earned for the period commencing 1st July of the year preceding their retirement and 30th of June was denied to them on ground that they were not in service on 1st of July of the year that they retired, when the increment for the relative year would fall due. In substance, therefore, what the petitioners claim is that though they have earned the annual increment during the relative year of retirement, working for the entire period of one year from 1st July to 30th of June of the year they retired, it has been denied to them on the specious ground that on the day the increment actually fell due i.e. 1st July in the year of their respective retirements, they were not in service. All the petitioners pray that a mandamus be issued, ordering the respondents to grant one notional increment to them as on 1st July of the respective years of their retirement, which, in each
Denial of notional increment to retiring government employees based solely on retirement timing violates principles of reasonableness and entitlement under pension rules.
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.
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