An employee who completes a full year of qualifying service is entitled to the benefit of a notional annual increment for pensionary purposes, even if the increment date falls on the day immediately following their date of retirement.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) To direct the respondents to grant notional increment to the applicant with effect from 01.01.1998 for the service rendered by him from 01.01.1997 to 31.12.1998 and consequentially re-fix his pensionary benefits and also to pay the arrears of pension to the applicant.

b) Any other relief which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case.

2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to the respondents to grant him one notional increment w.e.f. 01.01.1998 for the service rendered by him from 01.01.1997 to 31.12.1997 and thereafter to re-fix his pensionary benefits and release arrears of pension. The applicant has also prayed for any other relief which this Tribunal may deem fit and proper in the facts and circumstances of the case.

3. The facts, in brief, are that the applicant, Shri Prithvi Raj Sharma, was appointed as Instructor in the Song and Drama Division, Srinagar, under the Ministry of Information and Broadcasting, on 29.11.1975. After rendering regular service, he retired from service on 31.12.1997 on attaining the age of superannuation. The grievance of the applicant is that he had completed one full year of service from 01.01.1997 to 31.12.1997 and, therefore, had earned the annual increment which fell due on 01.01.1998. However, the respondents did not grant the said increment only on the ground that he had retired on 31.12.1997, i.e., one day prior to the date on which the increment became payable.

4. The applicant submits that the denial of the said increment has resulted in fixation of his pensionary benefits without taking into account the last increment earned by him for the completed year of service. It is pleaded that the revision of pension dated 10.05.2018, issued on the basis of recommendations of the 6th and 7th Central Pay Commission, also does not include the benefit of such notional increment. According to the applicant, once he had completed the requisite qualifying service for earning the increment, the mere fact that the increment became payable on the next day of his retirement cannot be used to deny him the benefit thereof for the limited purpose of pensionary fixation.

5. The applicant has further pleaded that the issue is no longer res integra. Reliance has been placed upon the judgment of the Hon’ble High Court of Delhi in Gopal Singh vs. Union of India , W.P.(C) No. 10509/2019, wherein similarly situated retirees were held entitled to grant of notional increment for the purpose of re-fixation of pension. The applicant has also relied upon the principle laid down in P. Ayyamperumal vs. Union of India, wherein the benefit of notional increment was granted to an employee who had completed one year of service but retired one day before the increment became payable. The applicant submits that the denial of the same benefit to him is arbitrary, discriminatory and contrary to the settled position of law.

6. It is also the case of the applicant that he made repeated requests to the respondents and submitted representation dated 26.10.2020 seeking grant of notional increment w.e.f. 01.01.1998 and co