Onkar Nath Pandey And Another vs State Of Up And 2 Others
2024 Latest Caselaw 20020 ALL

Allahabad High Court

Onkar Nath Pandey And Another vs State Of Up And 2 Others on 30 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:99014
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8742 of 2024
 
Petitioner :- Onkar Nath Pandey And Another
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Archana Singh,Bramh Narayan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J. 
 

The grievance of the petitioners in the present petition is that they are not being granted notional increment due to them on 1.7.2023 because they retired from service on 30.6.2023 and consequently retiral dues of the petitioners have been wrongly computed and the less retiral dues have been paid to the petitioners. The petitioner No. 1 retired as Sub-Inspector of Police (Ministerial) from the office of Senior Superintendent of Police, Gorakhpur and petitioner No. 2 retired as Sub-Inspector of Police (SIM) from the office of Superintendent of Police, Gonda.

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 petitioners to file a representation to the Finance Controller, Police Headquarters, Lucknow, 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 petitioners due on 1.7.2023 after verifying the contention of the petitioners as made in the writ petition regarding the date of their retirement.

With the aforesaid direction, the petition is disposed of.

Order Date :- 30.5.2024/Anurag/-