Vijay Kumar Pandey vs State Of Up And 2 Others
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Allahabad High Court

Vijay Kumar Pandey vs State Of Up And 2 Others on 31 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:99992
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8877 of 2024
 

 
Petitioner :- Vijay Kumar Pandey
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Rajesh Kumar Singh
 
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 21.5.2024 passed by the Assistant Commissioner (A), State Tax, Sonbhadra rejecting the claim of the petitioner for grant of notional increment due to be fixed on 1st of July, 2023 in light of the fact that the petitioner had retired on 30th June, 2023.

The petitioner was appointed as Lower Division Clerk and retired as State Tax Officer on 30.6.2023.

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.

The fact that the petitioner retired on 30.6.2023 is not denied in the order dated 21.5.2024. The only reason for denying the petitioner notional increment to be fixed on 1st of July is that the petitioner had retired on 30.6.2023. The said reasons 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.

Consequently, the petition is allowed. The order dated 21.5.2024 passed by the Assistant Commissioner (A) is contrary to law and is, hereby, quashed.

The Assistant Commissioner (A), State Tax, Sonbhadra is directed to award one notional increment to the petitioner due to be fixed on 1st of July, 2023 and to consequently re-fix the pension and other service dues of the petitioner and the arrears so accrued in favour of the petitioner shall be paid within a period of one month from the date a certified copy of this order is produced before him.

Order Date :- 31.5.2024

Satyam