Bombay High Court
Sunil Krishnaji Phadtare vs The State Of Maharashtra Through Its ... on 22 January, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:1550-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
7 WRIT PETITION NO. 15140 OF 2023
SUNIL KRISHNAJI PHADTARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS
PRINCIPAL SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Mathpati Shivkumar K.
AGP for Respondents 1 to 6/State : Mr. S.B. Narwade
Advocate for Respondent 7 : Mr. A.T. Kanwade
...
CORAM : RAVINDRA V. GHUGE
&
Y. G. KHOBRAGADE, JJ.
DATE :- 22nd January, 2024
Per Court :-
1. The Petitioner seeks a Writ of Mandamus for
directing the Respondent Authorities to grant one annual
increment to the Petitioner as he completed one year service
from 01.01.2021 till 31.12.2021 and retired on 31.12.2021.
Increment payable to him on completion of twelve months
service was not paid.
2. The learned Advocate for the Petitioner places
reliance upon the notification dated 30.01.2019 issued by the
Finance Department, more particularly, clauses 10(1), (2) and
(3), which read as under:-
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"10. Date of next increment in the revised pay
structure:-
(1) There shall be two dates for grant of annual
increment namely, 1st January and 1st July of
every year, instead of existing date of 1st July:
Provided that, Government servant shall be
entitled to only one annual increment either on
1st January or 1st July, depending on the date of
his appointment, promotion or grant of
financial upgradation.
(2) The increment in respect of Government
servant appointed or promoted or granted
financial upgradation including upgradation
under Modified Assured Career Progression
Scheme (MACPS) during the period between
the 2nd day of January and 1st day of July (both
inclusive), shall be granted on 1st day of
January of the following year and the
increment in respect of Government servant
appointed or promoted or granted financial
upgradation including upgradation under
MACPS during the period between the 2nd day
of July and 1st day of January (both inclusive),
shall be granted on 1st day of July of the
following year.
(3) In case Government servant is promoted or
granted financial upgradation including
upgradation under the MACPS on 1st January
or 1st July, where the pay is fixed in the Level
applicable to the post on which promotion is
made in accordance with the rule 13, the first
increment in the Level applicable to the post on
which promotion is made shall accrue on the
following 1st July or 1st January, as the case
may be, provided a period of six months'
qualifying service is strictly fulfilled. The next
increment thereafter shall, however, accrue
only after completion of one year."
3. Our attention is drawn to page No.39, which is the
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statement issued by the in-charge Principal (undated) which
indicates that since 01.01.2017, the Petitioner was receiving
annual increments after the end of the year on 31 st December, on
the next day i.e. 01st January. His last five annual increments
have been paid on the first day of January from 2017 onwards till
2021. He superannuated on 31.12.2021, after office hours.
4. This issue is no longer res-integra. The Honourable
Supreme Court has delivered a judgment on 11.04.2023 in Civil
Appeal No.2471/2023 (The Director (Admn. and HR), KPTCL
and others vs. C.P. Mundinamani and others, AIR 2023 SC
1956), in which, it is held that the increment is earned for
rendering service with good conduct in a year and the moment a
servant has rendered service for a specified period of one year
with good conduct, he is entitled to the annual increment. Merely
because the servant has retired on the next day, he cannot be
denied the annual increment, which he has earned for rendering
the service in the preceding one year. Based on the said
judgment, the Government of Maharashtra has issued the
Government Resolution dated 28.06.2023. This has cleared the
path for all such claimants.
5. In view of the above, this Writ Petition is partly
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allowed as under:-
(a) The Petitioner is entitled to the notional addition of
the last yearly increment for the purpose of calculating his
pension, gratuity, earned leave, commutation benefits, etc..
(b) The Petitioner shall be entitled for further monetary
benefits w.e.f. 01.01.2022 considering that this petition is filed
within three years from the date of superannuation. Such arrears
should be calculated and be paid to the Petitioner, on or before
31st May, 2024.
(c) Since the proposal has already been forwarded by
Respondent No.7 to Respondent No.6, we expect Respondent
No.6 to forward the proposal to Respondent No.5, who will in
turn forward it to Respondent No.4. We grant 15 days to each of
these Authorities at their levels to verify and forward the
proposal. Respondent No.4 would clear it within 15 days on
receiving it.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
