Madras High Court
M.Thambusami vs The Union Of India on 25 July, 2023
W.P.No.2582 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023
CORAM :
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.P.No.2582 of 2020
M.Thambusami ... Petitioner
Versus
1.The Union of India,
Rep.by the Secretary to Ministry of Home Affairs,
North Block Secretariat,
New Delhi.
2.The Director General,
CRPF, CGO Complex,
Lodhi Road,
New Delhi – 110 003.
3.The Special Director General of Police,
South zone, CRPF,
Chandrankutta,
Hyderabad – 500005.
4.The Inspector General of Police,
Southern Sector, CRPF,
Road No.10 C, Jubilee Hills,
Near MLA/MPs Colony, Gayathri Hills,
Hyderabad – 500033.
5.The Director of Accounts,
PAO, CRPF,
No.14, PSP -2, Rohini Sector -23,
New Delhi – 110 085.
https://www.mhc.tn.gov.in/judis
Page No.1 of 6
W.P.No.2582 of 2020
6.The Commandant,
77 Battalion, CRPF,
Special Jail Complex,
Poonamalee,
Chennai – 600 056. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus, to direct the respondents
to consider the representation dated 10.01.2020 of the petitioner and to
grant one notional increment to him for the period from 1 st July 2011 to 30th
June 2012 and re-fix his pension by adding one notional increment and
subsequently re-fix the pension after the seventh Central Pay Commission
and the arrears thereof be paid to him within the time that may be fixed by
this Court.
For Petitioner : Mr. R. Meenakshi
For Respondents : Mr. S. Diwakar
ORDER
This Writ Petition has been filed, seeking a direction to direct the
respondents to consider the representation dated 10.01.2020 of the
petitioner and to grant one notional increment to him for the period from 1 st
July 2011 to 30th June 2012 and re-fix his pension by adding one notional
increment and subsequently re-fix the pension after the seventh Central Pay
Commission and the arrears thereof be paid to him within the time that
may be fixed by this Court.
https://www.mhc.tn.gov.in/judis
W.P.No.2582 of 2020
2.The case of the petitioner is that he retired as Deputy Commandant
in Central Reserve Police Force on superannuation with effect from
30.06.2012. During the implementation of the 6th Pay Commission, the
Central Government had fixed the 1st of July of every year as the date of
increment for all employees. The grievance of the petitioner is that since his
retirement had fallen on 1st July 2012, he was not given an increment by
treating him as he was on duty. According to the petitioner, though the
increment was fixed on 1st July, he completed one year of service from
1.07.2011 to 30.06.2012, he is entitled to one notional increment as on his
retirement date i.e., on 01.07.2012 and revision of his pension accordingly.
In this regard, he made representation to the respondents dated
10.01.2020, seeking to grant one notional increment and to revise his
pension. Since no response is forthcoming from the respondents despite the
representations, the petitioner is before this Court.
3.Heard the learned Counsel appearing for the petitioner and the
learned Government Advocate appearing on behalf of the respondents and
perused the material records of the case.
https://www.mhc.tn.gov.in/judis
W.P.No.2582 of 2020
4.The issue involved in this Writ Petition has been covered by the
order of this Court dated 15.09.2017 in W.P.No.15732 of 2017, wherein,
under similar circumstances, this Court has observed as under:
“7.The petitioner herein had completed one
full year service as on 30.06.2013, but the
increment fell due on 01.07.2013, on which date
he was not in service. In view of the above
judgment of this Court, naturally he has to be
treated as having completed one full year of
service, though the date of increment falls on the
next day of his retirement. Applying the said
judgment to the present case, the writ petition is
allowed and the impugned order passed by the
first respondent-Tribunal dated 21.03.2017 is
quashed. The petitioner shall be given one
notional increment for the period from
01.07.2012 to 30.06.2013, as he has completed
one full year of service, though his increment fell
on 01.07.2013, for the purpose of pensionary
benefits and not for any other purpose. No costs.”
5.In view of the above, this Court is of the view that the above said
order will hold good to the present writ petition also, accordingly, the
second respondent is hereby directed to consider the petitioner's
representation dated 10.01.2020 and pass an appropriate order in
accordance with the law, within a period of eight weeks from the date of
receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.No.2582 of 2020
6.The Writ Petition is disposed of with the above direction and
observation. No costs.
25.07.2023
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
klt
To:
1.The Secretary to Ministry of Home Affairs,
Union of India,
North Block Secretariat, New Delhi.
2.The Director General,
CRPF, CGO Complex, Lodhi Road, New Delhi – 110 003.
3.The Special Director General of Police,
South zone, CRPF, Chandrankutta, Hyderabad – 500005.
4.The Inspector General of Police,
Southern Sector, CRPF,
Road No.10 C, Jubilee Hills, Near MLA/MPs Colony,
Gayathri Hills, Hyderabad – 500033.
5.The Director of Accounts,
PAO, CRPF,
No.14, PSP -2, Rohini Sector -23, New Delhi – 110 085.
6.The Commandant,
77 Battalion, CRPF,
Special Jail Complex, Poonamalee, Chennai – 600 056.
https://www.mhc.tn.gov.in/judis
W.P.No.2582 of 2020
J.SATHYA NARAYANA PRASAD,J.
klt
W.P.No.2582 of 2020
25.07.2023
https://www.mhc.tn.gov.in/judis
