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2025 DIGILAW 993 (HP)

Shashi Paul v. State of Himachal Pradesh

2025-05-13

SANDEEP SHARMA

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JUDGMENT : Sandeep Sharma J. 1. Notice. Mr. Rajan Kahol, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner serving as Principal in the respondents-Education Department retired on 30.09.2022 on attaining the age of superannuation. In this petition, the petitioner is claiming increment for one year of service rendered by him preceding the date of his retirement i.e. for the period of 12 months, which was actually due to him on 01.10.2022. The reliefs prayed for by the petitioner read asunder:- (a) That the present Civil Writ Petition may kindly be allowed and the impugned office order dated 22.01.2025 (Annexure P-XII) passed by the respondent department may kindly be quashed and set-aside. (b) The present Civil Writ Petition may kindly be allowed and the respondents be directed to grant the annual increment due to the petitioner on 01.10.2022 on account of the service rendered by the petitioner w.e.f 01.10.2021 to 30.09.2022 and the pension payable to the petitioner may be ordered to be refixed accordingly. (c) That the respondents may further be directed to pay the petitioner the consequential increased amount of pension from the date of superannuation, alongwith the arrears plus interest thereon @ 9% per annum, w.e.f. 01.10.2022..” 4. Grievance of the petitioner is that his representation at Annexure P-11 seeking the above reliefs have not been considered by the respondents and the same was rejected . The above reliefs has been prayed on the strength of law laid down by the Hon’ble Apex Court in the Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors., Civil Appeal No. 2471/2023 & SLP (C) No. 6185/2020 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 behaviour and efficiently: (i) It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order passed in11.04.2023 Union of India & Anr. vs. M. Siddaraj , [Miscellaneous Application Diary No. 2400/2024 in Special Leave] more particularly vis-a-vis its application to third parties. vs. M. Siddaraj , [Miscellaneous Application Diary No. 2400/2024 in Special Leave] more particularly vis-a-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. will be given effect to in case of Petition (C) No. 4722/2021 order dated 06.09.2024 third parties from the date of the judgment, that is 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. (ii) The petitioner has also placed on record office memorandum dated 14.10.2024 issued by 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 1st July/1st January to the Central Government employees who retired/are retiring a day before it became due l.e. on 30th June/31st 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 1st January/1st 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 Special Leave Petition (Civil) No. 4722/2021 now stands dismissed on 20.02.2025. 5 . Recently, Government of Himachal Pradesh, vide communication dated 03.05.2025, has directed all the Administrative Departments to settle the cases regarding annual increment, which fell due on next date of retirement after one year full service for the purpose of pensionary benefits, at their own level by granting such benefit. 6. In view of above, this writ petition is disposed of by directing the respondents to consider the representation of the petitioner for grant of notional increment and pension/revised pension to him in light of the judgment dated 11.04.2023 passed by the Hon’ble Apex Court in Director (Admn. and HR) KPTCL & Ors. read with the directions issued in the order dated 06.09.2024 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. Pending miscellaneous application(s), if any, shall also stand disposed of.