Pitam Singh Rana And Another vs State Of Up And 4 Others
2024 Latest Caselaw 16564 ALL

Allahabad High Court

Pitam Singh Rana And Another vs State Of Up And 4 Others on 10 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84371
 
Court No. - 37
 

 
Case :- WRIT - A No. - 7265 of 2024
 

 
Petitioner :- Pitam Singh Rana And Another
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Raj Kumar Dhama
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

Heard the counsel for the petitioners.

The present petition has been filed challenging the order dated 17.1.2024 passed by the Joint Director (Administration) rejecting the representation of the petitioners for grant of notional increment due to them on 1st of July, 2004 and 1st of July, 2017.

The petitioner no. 1 retired on 30.6.2004, i.e., before his notional increment was to be fixed on 1st of July, 2004. The petitioner no. 2 retired on 30.6.2017, i.e., before his notional increment was to be fixed on 1st of July, 2017.

It has been held by the Supreme Court as well as by the different judgments of this Court that a government servant retiring on 30th June would be entitled to benefit of increment falling due on the succeeding 1st July, i.e., on 1st of July of the year of his retirement on account of his good conduct for the requisite length of time i.e. one year, in a regime of progressive appointment. The same principle of law was also followed by this Court in Writ - A No. 8187 of 2023.

The fact that the petitioners retired on 30.6.2004 and 30.6.2017 is not denied in the order dated 17.1.2024. The only reason for denying the petitioners notional increment to be fixed on 1st of July is that the petitioners had retired on 30.6.2004 and 30.6.2017. The said reasons have been held to be invalid by this Court as well as by the Supreme Court in the judgment reported in The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. 2023 0 Supreme (SC) 342.

Consequently, the petition is allowed. The orders dated 17.1.2024 passed by the Joint Director (Administration) are contrary to law and are, hereby, quashed.

The Joint Director (Administration), Lucknow is directed to award one notional increment to the petitioners due to be fixed on 1st of July, 2004 and 1st of July, 2017 and to consequently re-fix the pension and other service dues of the petitioners and the arrears so accrued in favour of the petitioners shall be paid within a period of one month from the date a certified copy of this order is produced before him.

Order Date :- 10.5.2024

Satyam