Citation : 2024 Latest Caselaw 19062 ALL
Judgement Date : 24 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:96324 Court No. - 37 Case :- WRIT - A No. - 8294 of 2024 Petitioner :- Rajendra Kumar Singh Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Arvind Tripathi,Atipriya Gautam,Madhaw Pandey,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed challenging the order dated 10.04.2024 passed by the Commandant, 26th Battalion, Provincial Armed Constabulary, Gorakhpur rejecting the claim of the petitioner for a notional increment due on 1.7.2023.
The petitioner was employed as Head Constable with the U.P. Police and retired as such on 30.06.2023.
In the order dated 10.4.2024, it has not been denied that the petitioner had retired on 30.06.2023 and annual increments were granted to the petitioner on the first day of July every year.
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 1.7.2023.
The petition is disposed of with a liberty to the petitioner to file a representation to the Chief Treasury Officer, Azamgarh, i.e., respondent no. 7 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 1.7.2023 after verifying the contention of the petitioner as made in the writ petition regarding the date of retirement and the date on which the increment was due to the petitioner.
With the aforesaid direction, the petition is disposed of.
Order Date :- 24.5.2024
Vipasha
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