Avinash Kumar Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 25680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182659
 
Court No. - 37
 

 
Case :- WRIT - A No. - 15773 of 2023
 

 
Petitioner :- Avinash Kumar Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Krishna Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

1. Heard.

2. By means of the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondent No.1 to extend the benefit of one annual increment notionally to the petitioner on completion of one year service preceding the date of his retirement.

3. The contention of learned counsel for the petitioner is that despite the petitioner having retired on attaining the age of superannuation on 30.06.2013 he has been deprived of next increment which fell due on 01.07.2013 on completion of one year's satisfactory service.

4. Learned counsel for the petitioner contends that this aspect of the matter has been considered by the Apex Court in the case of The Director (Admin. and HR) KPTCL and others vs. C.P. Mundinamani and others passed in Civil Appeal No.2471 of 2023 decided on 11.04.2023, wherein the Apex Court has held that increment would be admissible to an employee who retired on completion of one year's satisfactory service preceding the day of increment.

5. Learned Standing Counsel does not dispute the aforesaid.

6. Considering the aforesaid, the writ petition is disposed of leaving it open for the petitioner to submit a representation to respondent No.1 within a period of two weeks from today along with a certified copy of this order, who shall consider and decide the same in accordance with law keeping in view the judgment of the Apex Court in the case of C.P. Mundinamani (supra) within a period of six weeks from the date of receipt of the representation with regard to the matter for grant of one notional increment to the petitioner.

Order Date :- 20.9.2023

Rakesh