Kerala High Court
Sethumadhavan C M vs Union Of India on 25 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
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WP(C) NO. 33430 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33430 OF 2024
PETITIONER/S:
SETHUMADHAVAN C M
AGED 62 YEARS
S/O LATE RAMAN NAIR C P EX GS- 159803Y OFFICE
SUPERINTENDENT OF HQ CE (P) SEWAK NOW RESIDING AT
CHERULLY MELOOT HOUSE, CHALIATTIRI P O., VIA –
PERINGODE PALAKKAD, KERALA – MOB NO. 7364088228,
PIN - 679535
BY ADVS.
R.PRADEEP KUMAR
U.BALAGANGADHARAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENSE
(BORDER ROADS) GOVERNMENT OF INDIA, SOUTH BLOCK, NEW
DELHI, PIN - 110001
2 DIRECTOR GENERAL OF BORDER ROADS
SEEMA SADAK BHAWAN, RING ROAD NARAINA, DELHI CANTT, NEW
DELHI, PIN - 110010
3 THE CHIEF ENGINEER
HQ CE (P) SEWAK C/O 99 APO,, PIN - 931114
4 THE PAY & ACCOUNTS OFFICE
REPRESENTED BY ITS SECRETARY OFFICE OF THE PAO (GREF)
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WP(C) NO. 33430 OF 2024
DIGHI CAMP, PUNE, MAHARASHTRA, PIN - 410015
5 THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADIGHAT ALLAHABAD UTTAR PRADESH, PIN - 211014
6 DEPARTMENT OF PERSONNEL & TRAINING [ DOPT ]
NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI ,
REPRESENTED BY ITS SECRETARY, PIN - 110001
OTHER PRESENT:
SRI. T C KRISHNA,SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 33430 OF 2024
JUDGMENT
The petitioner retired from the General Reserve
Engineer Force (GREF) on 30.06.2021. He is aggrieved
by the denial of a notional increment which fell due on
the next date of his retirement. The petitioner contends
that going by the dictum laid down by the Hon'ble
Supreme Court in The Director (Admn. and HR)
KPTCL & Ors. v. C.P.Mundinamani & Ors. [AIR 2023
SC 1956] a pensioner who completes 12 months of
service is entitled to notional increment, regardless of its
falling on the next day after his retirement. The
petitioner submits that in the light of the said decision,
he is entitled for increment which fell due on the next
date of his retirement. He has filed Ext.P8
representation before the 2nd respondent seeking the
benefit of notional increment.
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WP(C) NO. 33430 OF 2024
2. Heard the learned counsel for the
petitioner and the learned CGC for respondents.
In the light of the limited relief prayed for
by the petitioner, there will be a direction to competent
among the respondents to consider and dispose of
Ext.P8 in the light of the decision reported in The
Director (Admn.and HR) KPTCL & Ors. (supra) and
Exts.P4 and P6, as expeditiously as possible, at any rate,
within a period of two months from the date of receipt of
a copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 33430 OF 2024
APPENDIX OF WP(C) 33430/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE DISCHARGE CERTIFICATE NO.
1261 DATED 29..10.2021
Exhibit P 2 A TRUE COPY OF THE PENSION PAYMENT ORDER,
BEARING NO. 4122021100096 DATED 02ND JUNE
Exhibit P 3 A TRUE COPY OF THE JUDGMENT DATED 11 APRIL
2023, IN CIVIL APPEAL NO. 2471 OF 2023 (SLP
(C) NO. 6185/2020) [ THE DIRECTOR ADMN & H R
K P T C L V. C P MUNDINAMANI
Exhibit P 4 A TRUE COPY OF THE LETTER DATED 29 NOVEMBER
2023, ISSUED BY THE 6TH RESPONDENT [ ALONG
WITH TYPED COPY ]
Exhibit P 5 A TRUE COPY OF THE CIRCULAR
NO.02/STAFFWING/2024NO.24/STAFF (ENTT - I )
83-2021 DATED 18.01.2024 ISSUED BY THE ASST.
COMPTROLLER & AUDITOR GENERAL [ N ] ALONG
WITH TYPED COPY
Exhibit P 6 A TRUE COPY OF THE LETTER DATED 19 FEB 2024
OF 2ND RESPONDENT
Exhibit P 7 A TRUE COPY OF THE MINUTES OF THE 33RD
MEETING, BEARING NO. 42/11/2023-P&PW (D)
DATED 03RD APRIL 2024
Exhibit P 8 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT DATED
4..3..2024 ALONG WITH TYPED COPY
