Ramashraya Ram vs State Of Up And 3 Others
2024 Latest Caselaw 20049 ALL

Allahabad High Court

Ramashraya Ram vs State Of Up And 3 Others on 30 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:99098
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8719 of 2024
 
Petitioner :- Ramashraya Ram
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Rajesh Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

The grievance of the petitioner in the present petition is that he is not being given notional increment due to him on 1.7.2010 because he retired from service on 30.6.2010 as Resident Medical Officer from Sri Durgaji Homeopathic Medical College & Hospital, Chandeswar, Azamgarh and consequently his retiral dues have also been wrongly computed and the petitioner is being paid less amount as his retiral dues.

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 petitioner to file a representation to the Director (Pension), Pension Directorate, State of U.P., at 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 petitioner due on 1.7.2010 after verifying the contention of the petitioner as made in the writ petition regarding the date of his retirement.

With the aforesaid direction, the petition is disposed of.

Order Date :- 30.5.2024/Anurag/-