Kuldip Kumar vs Uoi & Anr
2024 Latest Caselaw 15837 HP

Citation : 2024 Latest Caselaw 15837 HP
Judgement Date : 28 October, 2024

Himachal Pradesh High Court

Kuldip Kumar vs Uoi & Anr on 28 October, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11506/2024 Decided on: 28.10.2024 Kuldip Kumar ...Petitioner

Versus

UOI & Anr. ....Respondents.

........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Kameshwer Singh, Advocate.

For the respondents: Mr. Balram Sharma, Sr. Advocate as DSGI with Mr. Rajeev Sharma, Advocate.

Jyotsna Rewal Dua , J Notice. Mr. Rajeev Sharma, Advocate, appears and

waives service of notice on behalf of the respondents.

2. With the consent of learned counsel for the parties, the

matter is heard at this stage.

3. The petitioner is aged about 71 years. He seeks

direction to the respondents to grant him one notional annual

increment, which fell due to him for the service rendered by him w.e.f

01.07.2012 to 30.06.2013 i.e. on completion of one year of service.

The petitioner retired from service on 30.06.2013. The relief prayed

for by the petitioner reads as under:-

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

"(i) That a writ in the nature of mandamus may kindly be issued directing the respondents to grant one notional annual increment which fell due with effect from 01.07.2013 to the petitioner for the service rendered by him from 1 st July 2012 to 30th June 2013 i.e. after completion of one year of service with all consequential benefits.

ii) That the respondents may be directed to grant all consequential benefits and further refixation of pension be done after granting the last increment from the date it was due i.e. 01st July 2013. The arrears of pay so calculated to be paid to the petitioner with 10% interest p.a till final payment in the interest of justice and law."

4. The grievance of the petitioner is that his representation

dated 30.08.2024 seeking above reliefs is not being considered by

the respondents. The above relief has been prayed on the strength

of law laid down by the Hon'ble Apex Court in the Director (Admn.

and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. 2 ,wherein it

was held that an employee is entitled to the annual increment, which

he earned on the last date of his service for rendering services

preceding one year from the date of his retirement with good

behaviour and efficiently. It is not in dispute that the aforesaid order

passed by the Hon'ble Apex Court was clarified under an interim

order passed in Union of India & Anr. vs. M. Siddaraj3 more

particularly vis-a-vis its application to third parties. The order reads

as under:-

Civil Appeal No. 2471/2023 & SLP© No. 6185/2020 decided on 11.04.2023

Miscellaneous Application Diary No. 2400/2024 in Special Leave Petition (C) No.4722/2021 order dated 06.09.2024

"It is stated that the Review Petition in Diary No. 36418/2024 filed

by the Union of India is pending.

The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned.

We are informed that a large number of fresh writ petitions have been filed.

To prevent any further litigation and confusion, by of an interim order we direct that:

(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023.

Enhanced pension for the period prior to 31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate preferred, court.

(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed.

This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d).

Re-list in the week commencing 04.11.2024."

In the above extracted order, direction has inter-alia

been issued that the judgment dated 11.04.2023 passed in Director

(Admn. and HR) KPTCL & Ors. 2 will be given effect to in case of

third parties from the date of the judgment; that pension will be paid

by taking into account one increment on or after 01.05.2023 and

enhanced pension for the period prior to 31.04.2023 will not be paid.

In view of above, this writ petition is disposed of by

directing the respondents to consider the case of the petitioner for

grant of notional increment to him in light of the judgment dated

11.04.2023 passed by the Hon'ble Apex Court in Director (Admn.

and HR) KPTCL & Ors.2 read with the directions issued in the order