IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11298 of 2025 ======================================================

1. The Union of India through Secretary, Department of Posts, Dak Bhawan, New Delhi-110001.

2. The Chief Postmaster General, Bihar, Patna-800001.

3. The General Manager (Finance) Postal Accounts, GPO Campus, Patna-

800001.

4. The Accounts Officer (Pension Section) GM Finance PAO Patna, GPO-

800001.

5. The Divisional Supdt. Posts, Begusarai-851101.

... ... Petitioner/s Versus Prahlad Roy S/o Late Madan Roya, Postal Assistant (Rtd), Begusarai HO, Resident of Village and PO-Chandaur, Via-Teghra, Distt-Begusarai-851133.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Satyabir Bharti, Sr. Advocate Mrs. Shally Kumari, Advocate For the Respondent/s : Mr. Uma Kant Mishra, Advocate Mr.Om Prakash Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 06-01-2026 The present writ petition has been filed against the order dated 09.08.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 050/00813/2023 whereby and whereunder the petitioners herein have been directed to grant benefit of annual increment to the sole respondent which was to be added with effect from 1^st of July of the said year when the sole respondent stood retired apart from the petitioners being directed to recalculate the benefit of retiral benefits and issue fresh pension order in favour of the sole respondent.

2. We find from the records that the issue involved in the present writ petition is that undisputedly the sole respondent stood superannuated on 30.06.2018 and though one annual increment was due to him on 01.07.2018, however having superannuated one day before the date of grant of annual increment, the benefit of grant of one notional increment was denied to the respondent.

3. At the outset, the learned counsels for the parties have referred to the settled principle of law by relying on a judgment rendered by the Hon’ble Apex Court in the case of The Director (Administration and Human Resources) KPTCL and Others vs. C.P. Mundinamani and Others, reported in (2023) 14 SCC 411, wherein it has been held that merely because the government servant retired on the very next day, the same cannot be a ground to deny him benefit of annual increment and in such cases, the government employee is entitled to grant of one annual increment which he had earned on the last day of his service for rendering his services preceding one year from the date of retirement with good behaviour and efficiency.

4. The learned counsel for the petitioners has next referred to an order dated 20.02.2025, passed by the Hon’ble Apex Court in the case of Union of India and Another vs. M. Siddaraj, in Miscellaneous Application Diary No. 2400 of 2024 in Civil Appeal No. 3933 of 2023 and other analogous cases to submit that the aforesaid judgment dated 11.04.2023 had though been modified a bit, nonetheless the sole respondent would be entitled to one increment which shall be payable on and after 01.05.2023. The relevant portion of the said order dated

20.02.2025 reads as under :-

“We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:

"(a) The judgment dated

11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to

31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not