Thakur Dass Sharma vs State Of H.P. & Ors
2024 Latest Caselaw 5178 HP

Himachal Pradesh High Court

Thakur Dass Sharma vs State Of H.P. & Ors on 7 May, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 2198 of 2024.

Date of Decision : 7th May, 2024.

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Thakur Dass Sharma ...Petitioner.

Versus

State of H.P. & Ors. ....Respondents.

Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioners: Mr. Rajesh Kumar Verma, Advocate.

For the Respondents: Ms. Avni Kochhar, Dy. A.G., for respondents No.1 to 4.

Mr. Rangil Singh, Advocate, for respondent No.5.

Satyen Vaidya, Judge (Oral).

By way of instant petition, the petitioner has prayed for

grant of following relief:

"That the writ in the nature of mandamus may kindly be

issued directing the respondent tog rant one increment to the petitioner after completing one year from the date of last increment granted on 1.04.2021 and also the direction may kindly be issued to the respondents to grant all consequential benefits after granting the last annual increment to the petitioner in view of the judgment passed by the Hon'ble Supreme Court in Civil Appeal No.2471 (SLP© No.6185/2020) titled as Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors."

Whether reporters of the local papers may be allowed to see the judgment?

...2...

2. The case of the petitioner is that he retired from service

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on 31st March, 2022 and the date of annual increment applicable in

the case of the petitioner was 1st April in every calendar year and as

such his annual increment was due on the very next day from the

date of his retirement i.e. on 1st April, 2022. Aggrieved against the

denial of benefit of such annual increment, the petitioner has

approached this Court.

3. Respondents r to No.1 to 4 have placed on record

instructions. Though, the facts as averred in the petition are not

denied. However, the entitlement of the petitioner to the benefit of

annual increment w.e.f. 01.04.2022 has been denied on the ground

that before the date of next annual increment, the petitioner had

already retired on 31st March, 2022.

4. The issue in question is no more res integra. The

Hon'ble Supreme Court in Civil Appeal No.2471/2023 (SLP(C)

No.6185/2020), titled as Director (Admn. and HR) KPTCL & Ors.

Vs. C.P. Mundinammani & Ors. has already held the entitlement

of a government employee to annual increment if it becomes due on

the day next to the day of his retirement. Similarly being the

situation in the case in hand, no exception can be carved in the case

of the petitioner herein.

...3...

5. Accordingly, the instant petition is allowed and the

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respondents are directed to grant the benefit of annual increment to

the petitioner as was due to him on 1 st April, 2022. Pending

applications, if any, also stand disposed of.

(Satyen Vaidya) 7 May, 2024 th Judge

(jai)