Himachal Pradesh High Court
Gulzari Lal vs Hrtc & Ors on 23 May, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 97 of 2024
Decided on: 23.05.2025
Gulzari Lal ...Petitioner
Versus
HRTC & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Sandeep Sharma, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Ashok Kumar, Advocate.
For the respondents: Mr. Vinod K. Gupta, Advocate.
Sandeep Sharma Judge(oral)
By way of instant petition, petitioner has prayed for
following main reliefs:
"i. That the Respondents may kindly be directed to grant one
increment which was due to Petitioner after working for 1
complete year from 01.01.2015 to 31.12.2015 and for
granting Consequential Pensionary Benefits along with
Interest of 18% per annum in the interest of justice and fair
play.
ii. Respondents may kindly be directed to decide the matter
strictly in accordance with Annexure P-2.
2. The afore reliefs have been prayed on the strength of
law laid down by the Hon'ble Apex Court in Civil Appeal No.
2471/2023 & SLP(C) No. 6185/2020, titled as Director (Admn. and
HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. decided on
11.04.2023, wherein it was held that an employee is entitled to the
Whether reporters of the local papers may be allowed to see the judgment? yes
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.
3. It is not in dispute that the aforesaid order passed by the
Hon'ble Apex Court was clarified under an interim order dated
6.9.2024, passed in Miscellaneous Application Diary No.
2400/2024 in Special Leave Petition (C) No. 4722/2021 titled as
Union of India & Anr. vs. M. Siddaraj, 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
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 passed in C.P. Mundinamani, will be
given effect to in case of third parties from the date of the judgment,
that is 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.
5. The petitioner has also placed on record office
memorandum dated 14.10.2024 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 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
filed in Special Leave Petition (Civil) No. 4722/2021 now stands
dismissed on 20.02.2025.
6. Consequently, in view of the above, this writ petition is
disposed of with a direction to the respondents to consider and
decide representation (Annexure P-3) of the petitioner for grant of
notional increment and pension/revised pension in light of C.P.
Mundinamani as well as order dated 06.09.2024 passed in M.
Siddaraj (supra), within six weeks. Needless to say, authority
concerned while doing the needful, shall afford an opportunity of
hearing to the petitioner and pass a speaking order thereupon.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
(Sandeep Sharma)
Judge
May 23, 2025
manjit
