Dr. Pradeep Kumar Agrawal And 16 ... vs State Of U.P. And Another
2023 Latest Caselaw 941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 4344 of 2021
 

 
Petitioner :- Dr. Pradeep Kumar Agrawal And 16 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Vinay Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for petitioners and learned standing counsel for State-respondents.

Present petition has been filed for quashing of impugned order dated 23.10.2020, by which petitioners are denied for annual increment, which is due to them from 1st July on the ground that they were superannuated on 30th June.

Learned counsel for petitioner pointed out that very same controversy was subject matter before this Court in Writ-A No. 14527 of 2022 along with connected matters, in which, vide order dated 15.12.2022, Division Bench of this Court has held that employees, who retired from service on 30th June are entitled for the last increment made effective on 1st July, therefore, this petition may also be allowed on same terms.

Learned standing counsel has fairly not disputed that similar controversy has already been decided by this Court in Writ-A No. 14527 of 2022.

I have considered submissions made by counsel for parties and perused the impugned order as well as judgment of this Court passed in Writ-A No. 14527 of 2022.

In paragraph-2 of the said judgment, Court has framed question, which is quoted below:-

"2. The short question involved in this bunch of writ petitions is as under:

"whether employees who retired on 30th June are entitled to the last annual increment made effective from on 1st July?"

The said question was replied in paragraph -20 of the said judgment, which is also quoted below:-

"20. For all the reasons aforestated all the writ petitions are dismissed and it is held that the employees who retired on 30th June are entitled to the last increment made effective on 1st July."

As the facts of the case as well as law laid down by the Court on this point is not disputed, this petition is also allowed in terms of order dated 15.12.2022 passed in Writ-A No. 14527 of 2022.

Impugned order dated 23.10.2020 is hereby quashed.

No order as to costs.

Respondent-authorities are directed to extend the benefits of annual increment to the petitioners also within three months from the date of production of certified copy of this order.

Order Date :- 10.1.2023

Sartaj