Kanchan Ram And 2 Others vs State Of Up And 5 Others
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Allahabad High Court

Kanchan Ram And 2 Others vs State Of Up And 5 Others on 31 May, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2024:AHC:100370
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8915 of 2024
 

 
Petitioner :- Kanchan Ram And 2 Others
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Satya Prakash Pandey
 
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 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 petitioners 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

1.

Kanchan Ram

30.06.2016

Assistant Engineer Belan Nahar, Prakhand, Prayagraj

2.

Dharam Pal Singh

30.06.2014

Assistant Engineer Baghla Nahar, Prakhand, Prayagraj

3.

Krishan Chandra Tiwari

30.06.2018

Superintending Engineer, Ban Sagar Nahar, Nirman Mandal - 2, Mirzapur

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 Engineer-in-Chief and Head of Department, Irrigation Department, Uttar Pradesh, Lucknow, i.e., respondent no. 3 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 :- 31.5.2024

Satyam