Rajendra Rai vs State Of Up And 4 Others
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Allahabad High Court

Rajendra Rai vs State Of Up And 4 Others on 13 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85540
 
Court No. - 37
 
Case :- WRIT - A No. - 7347 of 2024
 
Petitioner :- Rajendra Rai
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Jai Govind Upadhyay,Ram Akbal Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

The petitioner claims to have retired as Lab Assistant from the office of Chief Medical Officer, District-Unnao on 30.6.2015.

The petitioner has not been granted increment due to him on 1.7.2015. The petitioner claims notional increment for having retired on 30.6.2015.

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.

Denying an employee notional increment to be fixed on 1st of July on the ground that the employee had retired on 30.6.2015 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 Chief Medical Officer, District-Unnao, i.e., respondent No. 4 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 1.7.2015 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

Anurag/-