Citation : 2025 Latest Caselaw 1179 Tel
Judgement Date : 21 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.4048 of 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution of India,
is filed seeking the following relief:
"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not granting notional increment to the petitioners as per the Judgments of Hon'ble Madras High Court, Bombay High Court and Delhi High Court which were confirmed by the Hon'ble Supreme Court of India by considering the representations dated 13.06.2022 which was farwarded through proper channel is illegal, improper, arbitrary and voilative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release all the monitory benefits including arrears of salary by re-fixing their pay by adding one notional increment and all other benefits which petitioner is eligible as per law and pass..."
2. Heard Sri J.M. Naidu, learned counsel appearing for the
petitioners, and Sri Abdul Mateen Qureshi, learned Standing Counsel
for the Central Government, appearing on behalf of the respondents.
3. Learned counsel for the petitioners submits that the petitioner are
retired Assistant Security Commissioners, having retired on attaining
the age of superannuation on 30.06.2007, 30.06.2013 and 30.06.2022,
respectively. The petitioners were generally granted annual increments
on July 1st every year. However, despite their entitlement for an
increment at the time of their retirement, the same was denied the said
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benefit. Therefore, the petitioners submitted a representation before the
respondents on 13.06.2022, requesting grant of notional increment and
release of the monetary benefits, including the arrears of salary.
However, no action has been taken thereon so far. Therefore, learned
counsel for the petitioner prays this Court to permit the petitioners to
submit their fresh representations to the respondents, seeking the
aforementioned relief, and to direct the respondents to consider the said
representations and pass necessary orders within a reasonable period of
time.
4. Learned Standing Counsel appearing on behalf of the respondents
fairly submits that the respondents will consider the representations of
the petitioners, as and when received, and pass appropriate orders in
accordance with law.
5. Having regard to the submissions made by learned counsel for the
respective parties, without going into merits of the case, the
Writ Petition is disposed of permitting the petitioners to submit their
fresh representations before the respondents, for redressal of their
grievance, within a period of one (01) week from the date of receipt of a
copy of this order. On receipt of such representations from the
petitioners, the respondents shall consider the same and pass
appropriate orders thereon, strictly in accordance with law, as
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exopediously as possible, preferably within a period of ten (10) weeks
thereof, and communicate a copy thereof to the petitioners.
Miscellaneous applications, if any, pending in this writ petition,
shall stand closed. No costs.
________________________________ JUSTICE PULLA KARTHIK Date: 21.01.2025.
Note: Issue C.C. in three days.
B/o.
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