Searching Case Laws & Precedent on Legal Query.....!
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Checking relevance for Director (Admn. and HR) KPTCL VS C. P. Mundinamani...
2023 3 Supreme 67 : Yes, a government servant who has earned an annual increment by rendering one year of service with good conduct and efficiency is entitled to the increment even if they retire on the very next day after earning it. The entitlement to the increment crystallizes upon completion of the requisite service period with good conduct, and the fact that the employee is no longer in service on the day the increment becomes payable (the next day) does not negate the earned right. Denying the increment on this ground would be arbitrary and unreasonable, violating Article 14 of the Constitution. The increment is not contingent on continued service beyond the completion of the one-year period, and the purpose of the ''''next day'''' accrual is merely to ensure completion of the service period, not to condition entitlement. Therefore, a person retiring on the eve of increment is entitled to it if they have fulfilled the service and conduct requirements.Checking relevance for State Of Kerala VS P. V. Neelakandan Nairs...
Checking relevance for Nar Bahadur Bhandari VS State Of Sikkim...
Checking relevance for Vasant Arjunrao Bhandak VS State of Karnataka...
Checking relevance for Senior Divisional Manager, Life Insurance Corporation of India Ltd. VS Shree Lal Meena...
Checking relevance for Nagar Prathmik Shikshan Samiti Karmachari Pensioners Mandal VS State Of Gujarat...
2024 0 Supreme(Guj) 225 : Yes, a person retiring on the day before the increment becomes payable is entitled to the increment. The court held that the entitlement to receive increment crystallizes when the government servant completes the requisite length of service with good conduct, and the increment is earned for rendering service with good conduct and efficiency in the preceding year. It should be payable on the succeeding day. Denying the increment to a government servant who has already earned it, merely because they retired a day before the increment became payable, would be arbitrary and unreasonable. Therefore, such a person is entitled to one increment after retirement.Checking relevance for Pal VS State of U. P. ...
2024 0 Supreme(All) 1273 : Yes, a person retiring on the day before an increment is due is entitled to that increment, as it is earned through prior service. The Supreme Court in C.P. Mundinamani held that an employee who has completed one year of service with good conduct is entitled to the annual increment, regardless of retirement timing, and denying it would be arbitrary and unreasonable. The increment is considered earned upon completion of the requisite service period, and the fact that it accrues the next day does not negate the employee''''s entitlement if they have already fulfilled the service requirement. This principle is grounded in the constitutional guarantee of reasonableness under Article 14 and the protection of rights earned through service.Checking relevance for Dahyabhai Laljibhai Parmar VS State Of Gujarat...
2024 0 Supreme(Guj) 182 : Yes, a government servant retiring on the eve of an increment (such as 30th June, just before the increment becomes payable on 1st July) is entitled to the increment. The court held that the entitlement to an annual increment crystallizes when a government servant completes one year of service with good conduct and efficient performance, regardless of whether they are still in service on the day the increment becomes payable. Denying the increment on the grounds of retirement on the preceding day would be arbitrary and unreasonable, violating Article 14 of the Constitution. The increment is earned based on past service, not on continued employment, and thus the right to the increment is protected even after retirement.Checking relevance for Bharatkumar Mohanbhai Desai VS State of Gujarat...
2024 0 Supreme(Guj) 151 : Yes, a person retiring on the eve of the increment (e.g., on 30th June) is entitled to the annual increment that would have become payable on 1st July, provided they have rendered one year of service with good conduct. The court held that the increment is earned upon completion of a year of service with good conduct, and the fact that the employee is no longer in service on the day the increment becomes payable (the next day) does not negate the entitlement. Denying the increment in such a case would be arbitrary and unreasonable, violating Article 14 of the Constitution. The government servant is entitled to the increment due on 1st July of the year of retirement, and the authorities must revise pension and retirement benefits accordingly.
