ORDER

Mrs. Harvinder Kaur Oberoi:-

Applicants feeling aggrieved and dissatisfied by the action of the respondents in not granting them annual increment on the ground that they had retired on 30th June and were not in service on 01st July, had approached the Tribunal seeking grant of annual increment as according to them the said increment accrued to them in view of the services rendered by them prior to the date of accrual of the said increment. The issue was raised before many High Courts and Tribunals and there were divergent views on the same.

Ultimately, vide the order and judgment dated 11.04.2023 in Civil Appeal No.2471 of 2023 , titled as The Director (Admn. And HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors ., the issue has finally been given rest by the Apex Court in the following terms:

“6. The short question which is posed for the consideration of this Court is whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on the very next day of earning the increment?

6.1 In the present case, the relevant provision is Regulation 40(1) of the Regulations which reads as under: -

“Drawals and po