Patna High Court
The Union Of India vs Arvind Kumar Mishra on 18 November, 2025
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4762 of 2025
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1. The Union of India through the General Manager, East Central Railway,
Hajipur, District-Vaishali (Bihar), PIn-844101.
2. The General Manager, East Central Railway, Hajipur, District-Vaishali
(Bihar), PIn-844101.
3. The Principal Chief Engineer, East Central Railway, Hajipur, District-
Vaishali (Bihar), Pin-844101.
4. The Divisional Railway Manager, East Central Railway, Mughalsarai,
District-Chandauli (U.P.), Pin 232101
5. The Senior Divisional Personnel Officer, East Central Railway, Mughalsarai,
District-Chandauli (U.P.), Pin 232101
6. The Senior Divisional Engineer (Coordination), East Central Railway,
Mughalsarai, District-Chandauli (U.P.), Pin 232101
7. The Senior Divisional Finance Manager, East Central Railway, Mughalsarai,
District-Chandauli (U.P.), Pin 232101
... ... Petitioner/s
Versus
Arvind Kumar Mishra Son of Late Adya Shanker Mishra Ex-Senior Section
Engineer, Under Senior Divisional Engineer (Coordination),of East Central
Railway, Mughalsarai, District-Chandauli (U.P.), Pin 232101, Resident of
Village-Bhakurs (Srinagar), P.O.-Asha Padari, District-Buxar, Pin-802135
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Gangesh Gunjan, CGC
Mr. Satyabir Bharti, Sr. Advocate
For the Respondent/s : Mr. Sunil Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date : 18-11-2025
The present writ petition has been filed against the order
dated 22.05.2024 passed by the learned Central Administrative
Tribunal, Patna Bench, Patna in O.A. No. 050/00660/2023
whereby and whereunder the petitioners herein have been directed
to grant benefit of annual increment to the sole respondent which
Patna High Court CWJC No.4762 of 2025 dt.18-11-2025
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was to be added with effect from 1st of July of the said year when
the sole respondent stood retired apart from the petitioners being
directed to recalculate the benefit of retiral benefits and issue
fresh pension order in favour of the sole respondent.
2. We find from the records that the issue involved in
the present writ petition is that undisputedly the sole respondent
stood superannuated on 30.06.2019 and though one annual
increment was due to him on 01.07.2019, however having
superannuated one day before the date of grant of annual
increment, the benefit of grant of one notional increment was
denied to the respondent.
3. At the outset, the learned counsels for the parties
have referred to the settled principle of law by relying on a
judgment rendered by the Hon'ble Apex Court in the case of The
Director (Administration and Human Resources) KPTCL and
Others vs. C.P. Mundinamani and Others, reported in (2023) 14
SCC 411, wherein it has been held that merely because the
government servant retired on the very next day, the same cannot
be a ground to deny him benefit of annual increment and in such
cases, the government employee is entitled to grant of one annual
increment which he had earned on the last day of his service for
Patna High Court CWJC No.4762 of 2025 dt.18-11-2025
3/5
rendering his services preceding one year from the date of
retirement with good behaviour and efficiency.
4. The learned counsel for the petitioners has next
referred to an order dated 20.02.2025, passed by the Hon'ble
Apex Court in the case of Union of India and Another vs. M.
Siddaraj, in Miscellaneous Application Diary No. 2400 of
2024 in Civil Appeal No. 3933 of 2023 and other analogous
cases to submit that the aforesaid judgment dated 11.04.2023 had
though been modified a bit, nonetheless the sole respondent
would be entitled to one increment which shall be payable on and
after 01.05.2023. The relevant portion of the said order dated
20.02.2025
reads as under :-
"We had passed the following interim order
dated 06.09.2024, the operative portion of which reads as
under:
"(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.
Patna High Court CWJC No.4762 of 2025 dt.18-11-2025
(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 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."
We are inclined to dispose of the present
miscellaneous applications directing that Clauses (a), (b)
and (c) of the order dated 06.09.2024 will be treated as
final directions. We are, however, of the opinion that
clause (d) of the order dated 06.09.2024 requires
modification which shall now read as under:
"(d) In case any retired employee filed
an application for intervention/impleadment/writ
petition/original application before the Central
Administrative Tribunal/High Courts/this Court,
the enhanced pension. by including one increment
will be payable for the period of three years prior
to the month in which the application for
intervention/ impleadment/writ petition/ original
application was filed."
Further, clause (d) will not apply to the retired
government employee who filed a writ petition/original
application or an application for intervention before the
Central Administrative Tribunal/High Courts/this Court
after the judgment in "Union of India & Anr. v. M.
Siddaraj", as in such cases, clause (a) will apply.
Patna High Court CWJC No.4762 of 2025 dt.18-11-2025
Recording the aforesaid, the miscellaneous
applications are disposed of.
We, further, clarify that in case any excess
payment has already been made, including arrears, such
amount paid will not be recovered."
5. At this juncture, the learned counsel for the
petitioners has submitted that the revised pension payment order
has already been issued, whereafter the arrears have also stood
paid with effect from 01.05.2023, to the respondent, however as
far as computation of the revised retiral benefits are concerned,
the same would be done in accordance with the aforesaid
judgment dated 11.04.2023, passed in the case of C.P.
Mundinamani (supra) read with the order dated 20.02.2025,
rendered in the case of M. Siddaraj (supra), within a period of
four weeks from today.
6. Accordingly, the present writ petition stands
disposed of on the aforesaid terms with the agreement of the
parties.
(Mohit Kumar Shah, J)
(Soni Shrivastava, J)
GAURAV S./-
AFR/NAFR NAFR
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