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2025 DIGILAW 697 (HP)

Rajesh Kumar Patil v. State of H. P.

2025-04-08

JYOTSNA REWAL DUA

body2025
JUDGMENT : (Jyotsna Rewal Dua, J.) Petitioner No.1, serving as Incharge Literacy-cum-District Adult Education Officer, and Petitioner No.2, serving as Project Officer in the respondent-Education Department, retired on 31.12.2008 and 31.12.2015, respectively, on attaining the age of superannuation. In the present petition, they are claiming the benefit of one annual increment each for the service rendered by them during the 12 months preceding the dates of their respective retirements, which increment was due to them on 01.01.2009 and 01.01.2016, Whether reporters of Local Papers may be allowed to see the judgment? Yes respectively. The reliefs prayed for by the petitioners read as under:– “A. That a Writ in the nature of Certiorari or any other appropriate writ order or directions may kindly be issued quashing the impugned communication/ rejection order dated 18.07.2024 (Annexure P-5) being patently illegal, arbitrary and unconstitutional. B. That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to grant the annual increment due to the Petitioner No-1 on 01.01.2009, and to the Petitioner No-2 on 01.01.2016 respectively and the Pension Payable to the Petitioners be ordered to be re-fixed accordingly. C. The respondents may further be directed to pay to the petitioners the consequential increased amount of pension from the date of superannuation, along with the arrears plus interest thereon @ 9% per annum. D. That the Respondents may be directed to produce the entire record of the case for the kind perusal of the Hon'ble Court. 3. Grievance of the petitioners is that their representation/legal notice dated 10.06.2024 (Annexure P-4), seeking the above reliefs, has not been considered by the respondents. The above reliefs have been prayed on the strength of law laid down by the Hon’ble Apex Court in Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 and SLP(C) No.6185/2020, decided on 11.04.2023 , wherein it was held that an employee is entitled to the annual increment, which he earned on the last date of his service for rendering services preceding one year from the date of his retirement with good behavior and efficiently. 3(i). It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order passed in Union of India & Anr. 3(i). It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order passed in Union of India & Anr. vs. M. Siddaraj , Miscellaneous Application Diary No.2400/2024 in Special Leave Petition (C) No.4722/2021, order dated 06.09.2024 more particularly vis-à-vis its application to third parties. The order reads as under:- “It is stated that the Review Petition in Diary No.36418/2024 filed by the Union of India is pending. The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No.2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned. We are informed that a large number of fresh writ petitions have been filed. To prevent any further litigation and confusion, by of an interim order we direct that: (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. (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 preferred, 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. This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d). Re-list in the week commencing 04.11.2024.” In the above extracted order, direction has inter-alia been issued that the judgment dated 11.04.2023 passed in Director (Admn. and HR) KPTCL & Ors. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d). Re-list in the week commencing 04.11.2024.” In the above extracted order, direction has inter-alia been issued that the judgment dated 11.04.2023 passed in Director (Admn. and HR) KPTCL & Ors. , (supra) will be given effect to in case of third parties from the date of the judgment; that pension will be paid by taking into account one increment on or after 01.05.2023 and enhanced pension for the period prior to 31.04.2023 will not be paid. 3(ii). A memorandum dated 14.10.2024 has now been circulated by the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India, issuing instructions in compliance to afore-extracted interim order dated 06.09.2024 passed by the Hon’ble Apex Court. Relevant paras from the office memorandum reads as under:- “7. The matter has been examined in consultation with D/o Expenditure and D/o Legal Affairs. It Is advised that in pursuance of the Order dated 06.09.2024 of the Hon'ble Supreme Court referred above, action may be taken to allow the increment on 1 st July/1 st January to the Central Government employees who retired/are retiring a day before it became due i.e. on 30 th June/31 st December and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. As specifically mentioned in the Orders of the Hon'ble Supreme Court, grant of the notional increment on 1 st January/1 st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits. 8. It may also be noted that these instructions are being issued in compliance of the Interim Orders dated 06.09.2024 of the Hon'ble Supreme Court In MA Dy. No.2400/2024 without prejudice to the legal stand of the Union of India in the matter and without prejudice to any change of law in this regard. Further, the action taken shall be subject to the final outcome of the Review Petition (Dy. No.36418/2024) pending before the Hon'ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024. 9. This issues with the concurrence of D/o Expenditure vide their Dy. Further, the action taken shall be subject to the final outcome of the Review Petition (Dy. No.36418/2024) pending before the Hon'ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024. 9. This issues with the concurrence of D/o Expenditure vide their Dy. No.08-09/2019-E.III.A(Vol.III) (3969602) dated 08.10.2024 and D/o Legal Affairs vide Computer No.E 128445 dated 30.09.2024.” It has further been jointly submitted by learned counsel for the parties that Miscellaneous Application Diary No.2400/2024 filed in Civil Appeal No.3933 of 2023 came up for consideration before the Hon’ble Apex Court on 20.02.2025. In terms of the order passed on the said date, Hon’ble Apex Court modified Clause (d) of the order dated 06.09.2024. Relevant portion of the order dated 20.02.2025 reads as under:- “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. 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. It will be open to any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law. Pending applications including all intervention/ impleadment applications shall stand disposed of in terms of this order.” 4. Pending applications including all intervention/ impleadment applications shall stand disposed of in terms of this order.” 4. In view of above, this writ petition is disposed of by directing the respondents to consider the respective cases of the petitioners for grant of notional increment and pension/ revised pension to them in light of the judgment dated 11.04.2023 passed by the Hon’ble Apex Court in Director (Admn. and HR) KPTCL & Ors., (supra) read with the directions issued in the orders dated 06.09.2024 and 20.02.2025 passed in Union of India & Anr. vs. M. Siddaraj. This exercise shall be completed within six weeks. Copy of order so passed be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.