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2025 DIGILAW 712 (HP)

Joginder Singh v. State of Himachal Pradesh

2025-04-09

SANDEEP SHARMA

body2025
JUDGMENT : Sandeep Sharma, J. By way of instant petition, petitioner has prayed for the following main relief: “(i) 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-6)being patently illegal, arbitrary and unconstitutional. (ii) 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 on 01.05.2020, and the Pension Payable to the Petitioner be ordered to be re-fixed accordingly. (iii) The respondents may further be directed to pay to the petitioner the consequential increased amount of pension from the date of superannuation, along with the arrears plus interest thereon @9% per annum.” 2. Despite repeated opportunities, no reply has been filed on behalf of respondents. Petitioner herein retired as Circle Head Draughtsman on 30.04.2020 from the office of Engineer-in-Chief, PWD, Nirman Bhawan, Shimla. Though, annual increment of the petitioner was due on 01.05.2020, but same was not paid to him on account of fact that he stood retired prior to afore date. Precisely, the claim of the petition as put-forth in the petition is that he is entitled to one annual increment for the services rendered by him during the twelve months preceding the date of his retirement, which increment was due to him on 01.05.2020. 3. Though for redressal of his grievance, petitioner at first instance, approached respondent-department vide legal notice dated (Annexure P-5), but since same was not considered by the respondents, he has approached this Court in the instant proceedings, praying therein for the reliefs as reproduced hereinabove. 4. Afore reliefs have been prayed by the petitioner on the basis of judgment passed by Hon’ble Apex Court in Civil Appeal No. 2471 of 2023 and SLP(C) No. 6185 of 2020 titled as Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., wherein an employee has been held entitled to the annual increment, which he earned on the last date of his service for rendering services during preceding one year from the date of his retirement with good behaviour. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., wherein an employee has been held entitled to the annual increment, which he earned on the last date of his service for rendering services during preceding one year from the date of his retirement with good behaviour. Aforesaid order passed by Hon’ble Court was further clarified under an interim order passed in Miscellaneous application Diary No. 2400 of 2024 in Special Leave Petition (C) No. 4722 of 2024 titled as Union of India & Anr. Vs. M. Siddaraj, 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.” 5. 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.” 5. In the afore case, Hon’ble Apex Court inter alia held that the direction in 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 is pension will 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. 6. In compliance to aforesaid order passed by Hon’ble Apex Court, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India, has issued memorandum dated 14.10.2024, thereby issuing instructions to comply with the aforesaid interim order dated 06.09.2024. 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 commencing04.11.2024. 9. 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 commencing04.11.2024. 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.” 7. During proceedings of the case, learned counsel for the parties fairly admitted 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. On afore 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. 8. 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. 8. Consequently, in view of above, this Court finds no impediment in accepting the prayer made in the instant petition and accordingly, the same is disposed of with a direction to the respondents to consider the case of petitioner for grant of increment which held due to him on 01.05.2020 in light of judgment dated 11.04.2023 passed by the Hon’ble Apex Court in Director (Admn. And HR) KPTCL & Ors. (supra), read with directions issued in the orders dated 06.09.2024 and 20.05.2025 passed in Union of India & Anr. (supra). Since petitioner has been fighting for his rightful claim for quite long, this Court hopes and trusts that needful shall be done expeditiously, preferably within a period of six weeks. Pending applications, if any, stand disposed of.