Braj Mohan Lavaniya vs State Of Up And 2 Others
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Allahabad High Court

Braj Mohan Lavaniya vs State Of Up And 2 Others on 15 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87454
 
Court No. - 37
 
Case :- WRIT - A No. - 7484 of 2024
 
Petitioner :- Braj Mohan Lavaniya
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Akash Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

In pursuance to the previous order passed by this Court, the Standing Counsel has received instructions in the matter and has handed over a copy of the same to the Court which is taken on record.

Heard the counsel for the petitioner and the Standing Counsel representing the State.

The grievance of the petitioner in the present petition is that his increment due on 1st July, 2018 is not being paid even though, the petitioner under the different judgments of this Court is entitled to a notional increment. It has been stated that consequently, the post retiral dues of the petitioner have also been wrongly fixed.

The petitioner retired on 30.06.2018 as Assistant Development Officer (Industrial Service and Business) [ADO(ISB)] and states that notional increment was due to him on 1st July, 2018.

In light of the judgment dated 15.12.2022 passed by the Division Bench of this Court in Writ - A No. 14527 of 2022 and the judgment dated 11.04.2023 passed by the Supreme Court in Civil Appeal No. 2471 of 2023, the petitioner was entitled to a notional increment due on 01.07.2018.

The petition is disposed of with a liberty to the petitioner to file a representation to the District Development Officer, Agra, District Agra, i.e., respondent No. 3 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 01.07.2018 after verifying the contention of the petitioner as made in the writ petition regarding the date of retirement.

With the aforesaid direction, the petition is disposed of.

Order Date :- 15.5.2024

Satyam