Indal Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 5458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 21797 of 2022
 

 
Petitioner :- Indal Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohammad Sakir,Amit
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Jaspreet Singh,J.

Heard Shri Mohammad Sakir, the learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

By means of the instant petition, the petitioner seeks following reliefs which reads as under:-

"(i) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the annual increment from 1.7.2017 to 30.6.2018 in favour of the petitioner alongwith due interest."

Submission of the learned counsel for the petitioner is that the petitioner is entitled to the benefit of notional increment for the year 01.07.2017 to 30.06.2018 despite the petitioner has been retired on 30.06.2018, however, he has been denied the benefit of notional increment.

Learned Standing Counsel submits that the Government Order issued by the State also does not entitle the petitioner for the benefit of the notional increment.

The said issue has already been decided by this Court in Writ-A No.13299 of 2020 (Nand Vijay Singh Vs. Union of India) decided on 29.06.2021. In view of the said judgment, the stand taken by the State Government can not be sustained.

Accordingly, the writ petition is disposed of with a direction to the respondent Authorities to pay the annual increment to the petitioner despite the petitioner has been retired on 30th June of the calendar year 2017, in light of judgment in the case of Nand Kishor (Supra) and the benefits as directed above shall be granted to the petitioner within a period of three months from today.

Order Date :- 17.2.2023

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