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2025 Supreme(Online)(UK) 2270

HIGH COURT OF UTTARAKHAND
Sri Manoj Kumar Tiwari, Sri Subhash Upadhyay, JJ
Rajendra Singh Kaintura and Another – Appellant
Versus
Hemwati Nandan Bahuguna Garhwal University and Others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vinod Nautiyal
For the Respondents: Dr. Kartikeya Hari Gupta

Table of Content
1. petitioners challenged the denial of increment based on their retirement date. (Para 1 , 2)
2. counsel argued for rights under previous judgments affirming entitlement to increments. (Para 3 , 4)
3. court reinforced precedent regarding accrued rights to increments despite retirement timing. (Para 6)
4. court decision quashing the denial of increment to petitioners. (Para 7)

JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari)

Petitioners were employees of H.N.B. Garwhal University, Srinagar, District Pauri Garhwal. Petitioner No. 1 was employed as Senior Technical Assistant while petitioner No.2 was employed as System Manager. Both of them retired on 30.06.2021. Their date of birth is 17.06.1961 and 18.06.1961, respectively. According to the petitioners, due date of annual increment payable to them was 1st July, however, they were denied benefit of increment only on the ground that they retired one day earlier.

2. By means of this Writ Petition, petitioners have sought following reliefs:

“(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 22.03.2021 passed by respondent no.1 (Annexure Nos.5 & 9 to this writ petition).

(i

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