Himachal Pradesh High Court

Dinesh Kumar vs State Of H.P. & Ors on 13 May, 2025

Author: Sandeep Sharma

Bench: Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4381 of 2025 Decided on: 13.05.2025 Dinesh Kumar ...Petitioner

Versus

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

........................................................................................... Coram Ms. Justice Sandeep Sharma, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Sanjeev Kumar Suri, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General.

Sandeep Sharma Judge(oral) Notice. Mr. Rajan Kahol, 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 Lecturer (School New) in the

respondent-Education Department retired on 31.03.2025 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

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

due to him on 01.04.2025 The reliefs prayed for by the petitioner

reads as under:-

(a) That respondents may kindly be directed to pay the annual increment due on 01.04.2025 to the petitioner and include the amount of annual increment in last pay drawn for calculating the retirement benefits including the pension etc."

4. 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.

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:

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

(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 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.

4(ii) 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.

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

within six weeks. Copy of order so passed, be also communicated to