Sarnam Singh And 5 Others vs State Of U.P. And Another
2024 Latest Caselaw 19720 ALL

Allahabad High Court

Sarnam Singh And 5 Others vs State Of U.P. And Another on 29 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2024:AHC:97767
 
Court No. - 37
 
Case :- WRIT - A No. - 8595 of 2024
 
Petitioner :- Sarnam Singh And 5 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Yogendra Kumar Srivastava
 
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 given annual notional increment due to them on the 1st day of July of the year of their retirement on the ground that they had retired on 30th June. Due to denial of the notional increment to the petitioners, the retiral dues of the petitioner have also been wrongly fixed. The details of the petitioners is given in the table below : -

Sl. No.

Name of Petitioner

Date of Superannuation

Post holding at the time of superannuation

Place of Superannuation

1.

Sarnam Singh

30.06.2016

Pharmacist

Employee State Insurance Hospital, Agra

2.

Ram Lakhan Singh Yadav

30.06.2020

Pharmacist

Employee State Insurance Hospital, Chhipitola, Agra

3.

Dr. Lajpat Rai

30.06.2018

Incharge Medical Officer (General Surgeon)

Employee State Insurance Hospital, Agra

4.

Dr. Daya Shankar Agarwal

30.06.2016

Incharge Medical Officer (Pathology)

Employee State Insurance Hospital, Agra

5.

Dr. Smt. Anjana Agarwal

30.06.2013

Incharge Medical Officer

Employee State Insurance Hospital, Hathras

6.

Dr. Smt. Manjri Yadav

30.06.2008

Medical Superintendent

Employee State Insurance Hospital, Agra

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 1st July of the year in which they retired.

The petition is disposed of with a liberty to the petitioners to file a representation to the Principal Secretary, Shram Anubhag - 6, U.P., Lucknow, i.e., respondent no. 2 who on receiving the said representation shall pass appropriate orders on the same in light of the aforesaid judgments and award one notional increment to the petitioners due on 1st July of the year of their retirement 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 :- 29.5.2024

Satyam