Arun Sitaram Kakade And Ors vs The State Of Maharashtra Thru ...
2023 Latest Caselaw 4028 Bom

2023:BHC-AS:12216-DB
                                                                              32 & 33-WP.2060.2023


            jvs
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE SIDE JURISDICTION

                                            WRIT PETITION NO. 2060 OF 2023

                     Arun Sitaram Kakade & Ors.      }          Petitioners
 SALUNKE
                                Versus
 JV                  The State of Maharashtra & Ors. }          Respondents
 Digitally signed
 by SALUNKE J V
 Date: 2023.04.24
 11:23:40 +0530                                         WITH
                                            WRIT PETITION NO. 2142 OF 2023

                     Narayan Baburao Pawar           }          Petitioner
                                Versus
                     The State of Maharashtra & Ors. }          Respondents

                     Mr. Ameya Sabnis i/b. Mr. Pranav
                     Dhakne for the petitioners.
                     Mr. B. V. Samant, AGP for respondents
                     1 to 4 (State).


                                              CORAM:   S. V. GANGAPURWALA, Act.CJ.&
                                                       SANDEEP V. MARNE, J.

                                              DATE:    APRIL 21, 2023

                     P.C.:

1. The petitioners retired on 30th June. The petitioners seek benefit of annual increment.

2. We have heard the learned advocate for the petitioners and the learned AGP.

3. The Apex Court, in the case of Director (Admn. & HR.) KPTCL & Ors. vs. C. P. Mundinamani & Ors., reported in 2023 SCC OnLine 401 has decided the issue. The Apex Court framed the following question: -

"13. The short question which is posed for the consideration of this Court is whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on the very next day of earning the increment?".

32 & 33-WP.2060.2023

4. The Apex Court held that the employees would be entitled for grant of one annual increment which they earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently.

5. In light of the above judgment, the issue is no longer res integra. The present writ petitions, as such, are allowed. The respondents may grant one annual increment with all consequential benefits for the period of 30th June to 1st July of respective years of the petitioners' services.

6. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)