Employees retiring on superannuation on 30th June are entitled to the notional increment due on 1st July for the purpose of refixing pension and other retirement benefits, provided they have completed the requisite qualifying service.

Order

1. The instant writ petition has been filed with the following prayers:

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a) This Writ Petition may kindly be allowed with cost and Proper order or direction may kindly be issued and

b) the action of the non-petitioner of non-providing the benefit of one grade increment in their salary while determining the benefits of the gratuity, leave, notional benefits and pension with effect from 1st July on his retirement on superannuation on 30th June be declared illegal and unconstitutional; and may kindly be ordered to be granted as given in other cases; and

c) The non-petitioner further be directed to provide the benefit of one grade increment in their salary with effect from 1st July, while determining their pension benefit, leave and gratuity after their retirement on the superannuation with effect from 30th June.

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2. Counsel for the petitioner, at the outset, submits that the petitioner stood superannuated on 30.05.2011 and the controversy involved in the present case is squarely covered by the judgment dated 21.07.2023 passed by the Coordinate Bench of this Court at Jaipur Bench in a bunch of writ petition led by SBCWP No.21/2020 : Vijay Singh v. State of Rajasthan & Ors. The operative portion of the above-said judgment, is reproduced hereunder:

“41. Hence, looking to the binding effect of above judgment of Hon’ble Apex Court in the case of C.P. Mundinamani(supra) and All India Judges Association (supra), it is held that the petitioners would be entitled to get the benefits of increment falling due on1st July on account of their conduct for the requisite length of time i.e. one year. The petitioners would be entitled to get notional payment on 1st July, notwithstanding their superannuation on 30th June.

42. The respondents are directed to consider the case of the petitioners afresh in the light of the observations made hereinabove and thereafter grant notional increment to the petitioners. The petitioners’ pension would consequently be refixed. The appropriate orders be issued and the arrears of pension be paid to the petitioners within a period of three months from the date of receipt of certified copy of this order.

43. With the aforesaid directions, all these petitions stand disposed of.

44. Stay applications and all applications (pending, if any) also stand disposed of”

3. Learned counsel, therefore, prays that the petitioner may be permitted to file a detailed representation before the competent authorities for redressal of their grievances.

4. In view of the above, the present writ petition is disposed with liberty to the petitioner to file a representation to the competent authorities of the respondent-department within a period of two weeks and the competent authorities of the department are directed to decide the same within a period of four weeks from the date of receipt of such representation, keeping in mind the law laid down by this Court in the case of Vijay Singh (supra)

5. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case the averments made therein are found to be correct, the petitioner would be entitled to the relief.