Himachal Pradesh High Court

Dr. Mast Ram vs State Of H.P. & Ors on 24 February, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

( 2025:HHC:3091 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Decided on: 24.02.2025 Dr. Mast Ram ...Petitioner Versus State of H.P. & Ors. ....Respondents.

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

Whether approved for reporting?1

For the petitioner: Mr. Mukul Sood, Advocate.

For the respondents: Mr. L. N. Sharma, Additional Advocate General.

Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate

General, accepts notice on behalf of the respondents.

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

matter is heard at this stage.

3. Petitioner serving as Associate Professor in the

respondent-Education Department retired on 31.12.2019 on attaining

the age of superannuation. In this petition, the petitioner is claiming

increment for one year of service rendered by him preceding the date

of his retirement i.e. for the period of 12 months, which was actually

due to him on 01.01.2020. The reliefs prayed for by the petitioner

reads as under:-

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

( 2025:HHC:3091 )

(a) That writ in the nature of mandamus may kindly be passed directing the respondent to decide the pending representations annexed as Annexure P-3 & P-6 made to respondent No.2.

(b) That the writ in the nature of mandamus may be passed directing the respondent to grant on yearly increment to the petitioner after completion of one year of service as on 31.12.2019 which was due to him on 01.01.2020 after serving for one complete year and further the respondent may refix the last pay drawn of the petitioner accordingly and also pension and other monetary benefits is refixed after taking into account the annual yearly increment with all consequential benefits.

(c) The writ in nature of mandamus may kindly be passed with a direction to the respondent to extend the benefit of annual yearly increment in view of the judgment passed by the Hon'ble Court of India in Civil Appeal No.2471 of 2023 arising out of SLP No.6185 of 2020 titled as The Director (Admn. and HR) KPTCL and others Vs C.P. Mundinamani and others decided on 11.4.2023 and also the various judgment passed by this Hon'ble Court based on the aforesaid judgment passed by the Hon'ble Apex Court of India."

4. Grievance of the petitioner is that his representations at

Annexures P-3 (Colly) and P-6 seeking the above reliefs have not

been considered by the respondents. The above reliefs have 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.

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

( 2025:HHC:3091 )

4(i) 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:-

"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

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

( 2025:HHC:3091 )

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.

4(ii) The petitioner has also placed on record office

memorandum dated 14.10.2024 (Annexure P-7) issued by Ministry

of Personnel, Public Grievances & Pensions Department of

Personnel & Training, Government of India, issuing instructions in

compliance to afore-extracted interim order dated 06.09.2024

passed by the Hon'ble Apex Court. Relevant paras from the office

memorandum reads as under:-

"7. The matter has been examined in consultation with D/o

Expenditure and D/o Legal Affairs. It Is advised that in pursuance

of the Order dated 06.09.2024 of the Hon'ble Supreme Court

referred above, action may be taken to allow the increment on 1st

( 2025:HHC:3091 )

July/1st January to the Central Government employees who

retired/are retiring a day before it became due l.e. on 30th

June/31st December and have rendered the requisite qualifying

service as on the date of their superannuation with satisfactory

work and good conduct for calculating the pension admissible to

them. As specifically mentioned in the Orders of the Hon'ble

Supreme Court, grant of the notional increment on 1st January/1st

July shall be reckoned only for the purpose of calculating the

pension admissible and not for the purpose of calculation of other

pensionary benefits.

8. It may also be noted that these instructions are being issued in

compliance of the Interim Orders dated 06.09.2024 of the Hon'ble

Supreme Court In MA Dy. No.2400/2024 without prejudice to the

legal stand of the Union of India in the matter and without prejudice

to any change of law in this regard. Further, the action taken shall

be subject to the final outcome of the Review Petition (Dy.

No.36418/2024) pending before the Hon'ble Supreme Court which

is expected to be heard by the Apex Court in the week

commencing 04.11.2024.

9. This issues with the concurrence of D/o Expenditure vide

their Dy. No. 08-09/2019-E.III.A(Vol.III) (3969602) dated

08.10.2024 and D/o Legal Affairs vide Computer No. E 128445

dated 30.09.2024."

It has further been jointly submitted by learned counsel

for the parties that Miscellaneous Application Diary. No.2400/2024

( 2025:HHC:3091 )

filed in Special Leave Petition (Civil) No. 4722/2021 now stands

dismissed on 20.02.2025.

5. 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 and pension/revised pension 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 dated 06.09.2024 passed in Union of

India & Anr. vs. M. Siddaraj3. This exercise shall be completed