Janmejay Singh & Others ... vs State Of Uttarakhand & Others
2024 Latest Caselaw 846 UK

Uttarakhand High Court

Janmejay Singh & Others ... vs State Of Uttarakhand & Others on 2 May, 2024

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPILYAL

                   Writ Petition (S/B) NO.233 OF 2024

Janmejay Singh & others                                            .....Petitioners
                                        Versus

State of Uttarakhand & others                                  ....Respondents

Counsel for the petitioner                  :      Mr.   Abhijay   Negi,   learned
                                                   counsel

Counsel for the State                       :      Mr. P.S. Bisht, learned standing
                                                   counsel

The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

The grievance of the petitioners in the present writ

petition is that after post retirement, the respondents have to

give a benefit of one increment, which all the petitioners have

earned their annual increment before the date of retirement.

2. Learned counsel for the petitioners has referred to

the judgment of the Hon'ble Apex Court as reported in 2023

Livelaw (SC) 296. In paragraph no.6 of the said judgment, it

has been held that even if an employee retired on the very

next day of earning the increment, he has to be given the

benefit of the increment.

3. Notice of motion. Learned State Counsel accepts

notice on behalf of the respondents.

4. At this stage, this writ petition is being disposed of

by giving direction to the respondents to pass a speaking

order on the representation of the petitioners Annexure no.2,

to the writ petition, after going through the judgment of the

Hon'ble Apex Court in the case of "The Director (Admin. and

HR) KPTCL & others Vs. C.P. Mundinamani and others"

reported in 2023 Livelaw (SC) 296, and this decision will be

taken within four weeks.

(RITU BAHRI, C.J.)

(RAKESH THAPLIYAL, J.)

Dated: 2nd May, 2024 NR/