Madras High Court
D.Karunamoorthy vs The Union Of India on 25 July, 2023
W.P.No.2127 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.2127 of 2020
D.Karunamoorthy ... 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.2127 of 2020
6.The Deputy Inspector General of Police,
Group Centre, CRPF,
Avadi, Chennai – 600 065. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Certiorarified Mandamus, to direct
the respondents to consider the representation of the petitioner dated
17.05.2019 and 22.10.2019, and to grant one notional increment to the
petitioner for the period from 1st July 2013 to 30th June 2014 and re-fix the
petitioner's 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 the petitioner within the time that may be fixed by this
Court.
For Petitioner : Mr. R. Meenakshi
For Respondents : Mr. M. Sathyan
ORDER
This Writ Petition has been filed, seeking a direction to direct the
respondents to consider the representation of the petitioner dated
17.05.2019 and 22.10.2019, and to grant one notional increment to the
petitioner for the period from 1st July 2013 to 30th June 2014 and re-fix the
petitioner's 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 the petitioner within the time that may be fixed by this
Court.
https://www.mhc.tn.gov.in/judis
W.P.No.2127 of 2020
2.The case of the petitioner is that he retired as Assistant
Commandant in Central Reserve Police Force on superannuation with
effect from 30.06.2014. 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 2014, 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 1.07.2013 to 30.06.2014, he is entitled to one notional
increment as on his retirement date i.e., on 01.07.2014 and revision of his
pension accordingly. In this regard, he made representation to the
respondents dated 17.05.2019 and 22.10.2019, 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.2127 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
representations dated 17.05.2019 and 22.10.2019 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.2127 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 Deputy Inspector General of Police,
Group Centre, CRPF,
Avadi, Chennai – 600 065.
https://www.mhc.tn.gov.in/judis
W.P.No.2127 of 2020
J.SATHYA NARAYANA PRASAD,J.
klt
W.P.No.2127 of 2020
25.07.2023
https://www.mhc.tn.gov.in/judis
