ORDER

This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs :-

A. यह िक, यािचकाकता क िवन ाथना है िक, यह यािचका स्वीकार करने क क ृपा कर एवं यािचकाकता को 01.07.2011 से वेतन वृि का लाभ दान िकये जाने एवं उस अनुसार नवीन पी.पी.ओ आदेश जारी करने बाबद् न्यायोिचत आदेश दन करने क क ृपा करे।

B. यह िक, यािचकाकता को िदनांक-01.07.2011 से िमलने वाली वेतन वृि लाभ के पश्चात जो भी बकाया रािश है वह बकाया रािश भी उसे िनयमानुसार अिवलंब दान िकये जाने बाबद् न्यायोिचत आदेश दान करने क क ृपा करे।

C. यह िक, अन्य न्यायोिचत सहायता जो माननीय न्यायालय यािचकाकता के िहत म उचित समझे, वह दान क जावे।

2. Counsel for the petitioner submits that the case of the petitioner is squarely covered by the order passed by the Division Bench of this Court at Gwalior in the case of Yogendra Singh Bhadauria and Ors. Vs. State of Madhya Pradesh and Ors. W.A. No.645/2020 dated 22.09.2020, which reads as under:-

"The instant writ appeal has been filed under Section 2(A) of M.P.

Uchcha Nyayalay (Khand Peeth Ko Appeal) Adhiniyam, 2005 assailing the final order dated 06.03.2020 passed in WP 25702/2019 by learned Single Judge while exercising writ jurisdiction under Article 226 of the Constitution, disposing of the petition in question whereby the following reliefs have been made :

“(i) Provide benefit of annual increment to petitioners (ii) Re-fix the pension and pay the differential amount of pension and other arrears such as Gratuity and Leave Encashment with interest.

(iii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.

Learned writ court directed the official respondents to consider the claim of petitioners/appellants for grant of one increment which shall due on 1st of July which was a day after the date of superannuation of each of the petitioners, after taking into account the order passed by the Madras High Court in the case of P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal & ors. (writ petition No.15732 of 2017) which was affirmed by the Supreme Court in SLP (Civil) Diary No.22283/2018 and as per the entitlement under the service Rules. A further direction was given that in case petitioners are entitled for payment of one annual increment, then the same be released or else reasons for denial be communicate by a speaking order. While so disposing of the petition in question, the writ court though recognized the cause raised by the petitioner to be recurring in nature but declined grant of consequential benefits of arrears of pension and interest on the ground of the petitioners having approached to the court with delay and latches.

The instant appeal is filed for seeking arrears of pension and interest.

After hearing learned counsel for the rival parties, this Court is of the considered view that petitioners/appellants are entitled to the arrears of pension and so also to interest for the reasons infra.

(i) It is not disputed at the bar that the cause of non grant of increment due on 1st of July in different years in case of the petitioners had direct effect of proportionately reducing the pension which was being paid to the petitioner on the monthly basis since their retirement. Thus the cause raised was of a recurring nature.

(ii) The issue of entitlement of an employee retiring on 30th June to an increment which was due w.e.f. 1st July, came to be adjudicated by the Division Bench of Madras High Court for the first time on 15.09.2017 in the case of P. Ayyamperumal Vs The Registrar & Ors (WP 15732 of 2017) vide P/4 interpreting the Central Civil Services (Revised Pay) Rules, 2008 held that the entitlement of one annual increment to an employee is dependent upon the employee completing one year of service. It was thus held that an employee superannuating w.e.f. 30th June had completed one year of service on 30th June and therefore, became entitle to the increment. The Divisio