Avinash Chandra Gupta And Another vs State Of Up And 5 Others
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Allahabad High Court

Avinash Chandra Gupta And Another vs State Of Up And 5 Others on 22 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92207
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8032 of 2024
 

 
Petitioner :- Avinash Chandra Gupta And Another
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Bhanu Pratap Singh,Sandeep Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

Heard the counsel for the petitioners.

The grievance of the petitioners in the present petition is that they are not being granted the increment due to them on 1st of July and 1st of January in the year of their retirement on the ground that they had retired on 30th June and 31st December.

The petitioner no. 1 retired on 30.6.2021 from the post of Accountant in the Department of Rural Development and at the relevant time, was posted in the office of Block Development Officer, Block - Bhojpur, District Ghaziabad while the petitioner no. 2 retired on 31.12.2020 as Assistant Development Officer from the office of Block Development Officer, Block - Bhojpur, District Ghaziabad.

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 petitioners were entitled to a notional increment due on 1.7.2021 and 1.1.2021.

The petition is disposed of with a liberty to the petitioners to file a representation to the Block Development Officer, Block - Bhojpur, District Ghaziabad, i.e., respondent no. 6 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 petitioners due on 1.7.2021 and 1.1.2021 after verifying the contention of the petitioners as made in the writ petition regarding the date of retirement and the date on which the increment was due to the petitioners.

With the aforesaid direction, the petition is disposed of.

Order Date :- 22.5.2024

Satyam