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2023 Supreme(Online)(KER) 25570

HIGH COURT OF KERALA
ALEXANDER THOMAS, C. JAYACHANDRAN, JJ
C.I.XAVIER – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
C.S.GOPALAKRISHNAN NAIR

JUDGMENT

C. Jayachandran, J.

A common issue, which surfaced for consideration in as many as 16 Original Applications, has been disposed of by the Central Administrative Tribunal, Ernakulam Bench as per a Common Order dated 1.11.2022, whereby all the Original Applications were dismissed. The said Common Order is under challenge in the original petitions afore-referred. The common issue, which was considered by the Tribunal, the correctness of which we are called upon to decide, has the overtone, more of a legal nature, than factual, based on interpretation of the relevant Rules. The issue pertains to the question whether a Government servant, who retired on the last working day of the preceding month, but whose annual increment falls due on the first of the succeeding month, is entitled for such increment? The legal imbroglio received different interpretation and answer by the various High Courts across the country, including that of ours. However, the issue has been finally settled by the Hon'ble Supreme Court by virtue of the authoritative pronouncement made in Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others [2023 SCC OnLine SC 401], whereby the Hon'ble Supre

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