Madras High Court
K.Sangiah Pandian vs The Chairman on 28 August, 2023
W.P.No.14450 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2023
CORAM
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.14450 of 2020
K.Sangiah Pandian ... Petitioner
-vs-
1.The Chairman,
Airports Authority of India,
Rajiv Gandhi Bhavan,
Safdarjung Airport,
New Delhi - 110 003.
2.The Secretary Ministry of Civil Aviation,
Rajiv Gandhi Bhavan,
Safdarjung Airport,
New Delhi - 110 003.
3.The Regional Executive Director,
Airports Authority of India,
Southern Region, Chennai - 27. ...
Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, pleased to issue a Writ of Mandamus directing the respondents
1/6
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W.P.No.14450 of 2020
to Sanction one increment to the petition for the preceding year i.e.,
01.04.2018 to 31.03.2019 and consequently revise the pension also
accordingly as thus render justice.
For Petitioner : Mr.M.V.Venkataseshan
For Respondents : Ms.A.Arul Mary
**********
ORDER
Learned counsel for the petitioner and learned counsel for the
respondents are present. Learned counsel for the petitioner
submitted that the one year increment to the petitioner for the
preceding year 01.04.2018 to 31.03.2019 on the revised pension for
the petitioner was not settled, since the second pay commission came
at 01.04.2019. The learned counsel appearing for the petitioner relied
upon the Judgment of this Court reported in The Director (Admn.
and HR) KPTCL and others -vs- C.P.Mundinamani and others
reported in Civil Appeal No.2471 of 2023 is extracted hereunder:
"4. Learned counsel appearing on behalf of the
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W.P.No.14450 of 2020
respective employees - respondents, has heavily
relied upon the decision of the Madras High Court
in the case of P.Ayyamperumal (supra) and the
decisions of the Gujarat High Court, the Delhi High
Court, the Allahabad High Court, the Madhya
Pradesh High Court and the Orissa High Court
taking the view that the concerned employees who
earned the annual increment for rendering one year
service prior to their retirement they cannot be
denied the benefit of the annual increment which
they actually earned, solely on the ground that they
retired on attaining the age of superannuation on
the very next day. It is submitted that therefore, the
Division Bench of the High Court has not committed
any error in allowing one annual increment in
favour of the respective employees which they
actually earned."
6.5. ------- A Government servant is granted
the annual increment on the basis of his good
conduct while rendering one year service.
Increments are given annually to officers with good
conduct unless such increments are withheld as a
measure of punishment or linked with efficiency.
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W.P.No.14450 of 2020
Therefore, the increment is earned for rendering
service with good conduct in a year / specified
period. Therefore, the moment a government
servant has rendered service for a specified period
with good conduct, in a time scale, he is entitled to
the annual increment and it can be said that he has
earned the annual increment for rendering the
specified period of service with good conduct. -------"
2. In view of the above Judgment of the Hon'ble Apex Court of
India the petitioner is entitled for annual increment for one year for
the preceding year 01.04.2018 to 31.03.2019.
3. In the result, writ petition stands allowed. No costs.
28.08.2023
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Index : Yes / No
Internet : Yes / No
To
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W.P.No.14450 of 2020
1.The Chairman,
Airports Authority of India,
Rajiv Gandhi Bhavan,
Safdarjung Airport,
New Delhi - 110 003.
2.The Secretary Ministry of Civil Aviation,
Rajiv Gandhi Bhavan,
Safdarjung Airport,
New Delhi - 110 003.
3.The Regional Executive Director,
Airports Authority of India,
Southern Region, Chennai - 27.
https://www.mhc.tn.gov.in/judis
W.P.No.14450 of 2020
J.SATHYA NARAYANA PRASAD,J
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W.P.No.14450 of 2020
28.08.2023
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