Braj Mohan Tiwari vs State Of U.P. And 2 Others
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Allahabad High Court

Braj Mohan Tiwari vs State Of U.P. And 2 Others on 13 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85580
 
Court No. - 37
 
Case :- WRIT - A No. - 7319 of 2024
 
Petitioner :- Braj Mohan Tiwari
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Phool Chandra Tripathi,Syed Mushfiq Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

The grievance of the petitioner in the present petition is that an increment was due to him on 1.7.2018 but the same has not been granted to the petitioner because he retired from Irrigation Department on 30.6.2018.

The petitioner claims that in light of the fact that the petitioner had retired on 30.6.2018, he was entitled to a notional increment and consequently all the retiral dues which is to be fixed and disbursed accordingly.

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 only reason for denying the petitioner notional increment to be fixed on 1st of July is that the petitioner had retired on 30.6.2018. 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.

The petition is disposed of with a liberty to the petitioner to file a representation to the Superintendent Engineer, Sinchai Karya Mandal, Banda i.e., respondent No. 2 who on receiving the said representation shall pass appropriate orders on the same in light of the aforesaid judgements and award one notional increment to the petitioner due on 1.7.2018 after verifying the contention of the petitioner as made in the writ petition regarding the date of his retirement.

With the aforesaid direction, the petition is disposed of.

Order Date :- 13.5.2024/IB