G.S. Sandhawalia, Chief Justice (Oral)

The writ petitioner seeks grant of annual increment w.e.f. 01.11.2022 with all consequential benefits.

2. The State vide its communication addressed to the Registrar General, dated 29.03.2023 (Annexure R-2/B) has stood by its earlier communication dated 22.12.2022 (Annexure R-2/A) and has clarified that the Finance Department’s instructions dated 23.06.2015, would cover the matter and that an employee during the period of extension in service beyond the superannuation date would not be entitled for the benefit of increment.

3. The petitioner, who appears in person, submits that he was granted extension in service in public interest, vide order dated 25.08.2022 (Annexure P-1) by the then Chief Justice, while exercising the powers under Article 229 of the Constitution of India, for a period of one year, since he was due to retire on 31.08.2022. The said order specified that the benefits of scale, pay, special pay and grade pay which were held by him at the time of superannuation, were also to be admissible with all consequential benefits.

4. It was in such circumstances argued that the stand as such of the State to fall back on the instructions date