Uttarakhand High Court
Unknown vs Hemwati Nandan Bahuguna Garhwal ... on 23 July, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6478-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Writ Petition (S/B) No. 360 of 2021
23rd July, 2025
Rajendra Singh Kaintura and Another -----Petitioners
Versus
Hemwati Nandan Bahuguna Garhwal University
and Others ------Respondents
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Presence:-
Mr. Vinod Nautiyal, Advocate for the petitioners.
Dr. Kartikeya Hari Gupta, Advocate for the University.
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioners were employees of H.N.B. Garwhal
University, Srinagar, District Pauri Garhwal. Petitioner
No. 1 was employed as Senior Technical Assistant while
petitioner No.2 was employed as System Manager. Both
of them retired on 30.06.2021. Their date of birth is
17.06.1961 and 18.06.1961, respectively. According to
the petitioners, due date of annual increment payable
to them was 1st July, however, they were denied
benefit of increment only on the ground that they
retired one day earlier.
2. By means of this Writ Petition, petitioners
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have sought following reliefs:
"(i) Issue a writ, order or direction in the nature of
certiorari, quashing the impugned order dated 22.03.2021
passed by respondent no.1 (Annexure Nos.5 & 9 to this
writ petition).
(ii) Issue a writ, order or direction in the nature of
mandamus commanding/director the respondents to treat
the retirement date of the petitioners as on 01.07.2021
and grant all the consequential benefits, including the
pensionary benefit and grant notional increment from
01.07.2021."
3. Learned counsel for the petitioners has relied
upon judgment dated 31.12.2024 rendered by
Coordinate Bench of this Court in Writ Petition (S/B)
No. 779 of 2024 and submits that since the issue is
squarely covered by the said judgment, therefore, this
writ petition deserves to be decided in terms of
judgment dated 31.12.2024 rendered in the said writ
petition. Para 5 & 6 of the said judgment are
reproduced below:-
"5. From perusal of the aforesaid judgment, it is
apparent that increment is a benefit earned by a
Government servant for rendering unblemished service for
a specified period and the moment a Government servant
has completed unblemished service for the period specified
2025:UHC:6478-DB
under the Rules/Executive Instructions, in a time scale, he
is entitled to the benefit of annual increment. Thus annual
increment is earned by a Government servant by rendering
unblemished service for a specified period, therefore,
benefit of annual increment cannot be denied to him on
the ground that the said benefit was payable one day after
his retirement. In the case of employees of Uttarakhand
Government, increment is payable after completing
unblemished service for one year; petitioner completed
one year service on 30.06.2018 and the benefit of such
service was to be given on 01.07.2018. Denial of benefit of
increment to him, merely because he retired on
01.07.2018, would thus be unjust and arbitrary. He earned
the right to get annual increment by rendering
unblemished service between 01.07.2017 to 30.06.2018
and his right to get increment got crystallized upon
rendering continuous unblemished service between
01.07.2017 to 30.06.2018. Thus, the fact that petitioner
was no more in service on 01.07.2018 will make no
difference and in view of the law declared by Hon'ble Apex
Court, the right which accrued to the petitioner on
30.06.2018 upon completing one year unblemished
service, cannot be denied to him. Thus, the ground on
which petitioner's claim for increment was rejected is
contrary to the law of the land. Rule 56 of the Fundamental
Rules, referred in the impugned order does not help the
case of the respondent, as it merely provides that a
Government Servant shall retire from service on the
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afternoon of the last day of the month in which he attains
the age of 60 years. Thus, the reason assigned for
rejecting petitioner's claim for annual increment, is
unsustainable in the eyes of law.
6. In such view of the matter, the writ petition is allowed
and the impugned order dated 07.11.2024 is quashed. The
respondents are directed to give benefit of annual
increment, which was payable to petitioner on
01.07.2018."
4. Mr. Kartikeya Hari Gupta, learned counsel for
the respondents submits that as per Rule 10 of the
Central Civil Services (Revised Pay) Rules, 2008, the
date of increment in the revised pay structure is fixed
as 1st July of every year. He further submits that there
is no provision for relaxation. He further submits that
petitioners were made to retire on last day of the
month in which they completed age of superannuation,
therefore, they are not entitled to any further benefit.
5. We are not impressed by the submission
made by learned counsel for the respondents.
6. Hon'ble Supreme Court in the case of
Director (Administration and Human Resources)
KPTCL & others Vs. C.P. Mundinamani & others,
reported in (2023) 14 SCC 411, while dealing with
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the identical issue, approved the judgment rendered by
Allahabad High Court in the case of "Nand Vijay Singh
& others Vs. Union of India & others", and held that
annual increment, which a Government Servant has
earned for the services rendered over a year subject to
his good behavior, cannot be denied to him.
7. In such view of the matter, the defence taken
by the respondents-University cannot be accepted.
Accordingly, the writ petition is decided in terms of
judgment dated 31.12.2024 rendered by Coordinate
Bench in Writ Petition (S/B) No. 779 of 2024. Impugned
order dated 22.03.2021 passed by Registrar, H.N.B.
Garhwal University, Srinagar, District Pauri is hereby
quashed. The Competent University is directed to grant
benefit of annual increment, which was payable to the
petitioners on 01.07.2021.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
23.07.2025 23.07.2025
Rajni
RAJINI
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GUSAIN
postalCode=263001, st=UTTARAKHAND,
serialNumber=8D039BC77BD1A2222B4DF4FC8
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Date: 2025.07.30 12:10:40 +05'30'
