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Judgment
Heard.
The case of petitioner is that he was working as Sub-Engineer with respondents and had retired on 30th June 2016. He was entitled for annual increment applicable w.e.f. 1st July 2016 but since he stood retired on 30/6/2016, therefore, the annual increment has not been granted. Further case of petitioner is that petitioner is entitled to benefit of increments in view of order dated 3/12/2019 passed by the Principal Bench in WP No. 18030/2019 as also the judgment of the Supreme court dated 9/8/2019 passed in R.P.(C) No. 1731/2019 in S.L.P.(C) No. 22008/2018.
When the matter is taken up today learned counsel for petitioner has submitted that petitioner's legal notice/representation dated 14/2/2020 in this regard is pending and he has submitted that in similar terms, WP No. 3745/2020 has been disposed off by this court vide order dated 14/2/2020 with a direction to respondents to decide the pending representation.
Learned counsel for State has no objection to the same.
In WP No. 3745/2020, the Coordinate Bench of this court has passed following order:
Shri K.C.Yadav, learned counsel for the petitioner.
Shri Advocate The Mayank Purohit, learned Govt. forrespondents/State on advance copy.
The petitioner has filed the present petition seeking direction to the respondents to grant him annual increment which fell due on 1.7.2010.The petitioner stood retired w.e.f. 30.6.2010 after attaining the age of superannuation.
According to the petitioner, he has served in the Department for the whole one year from 1.7.2009 to 30.6.2010, therefore, he has become entitled to get the annual increment which fell due on 1.7.2010.
Similar issue has been decided by the Madras High Court in the case of P. Ayyamperumal V/s. The Registrar, Central Administrative Tribunal (W.P. No.15732/2017 decided on 15.9.2017) and against which the apex Court has dismissed the SLP. Thereafter, the co-ordinate Bench of this Court has allowed the petition (W.P. No.18030/2019decided on 3.12.2019) granting annual increment to the petitioner w.e.f. 1st July.
In the light of above decision, the petitioner has submitted the representation vide Annexure P/3 to the respondents 07.01.2020 and thereafter he has filed the present petition. Since the petitioner stood retired on 30.6.2010 and after almost ten years he has submitted the representation and has now filed the present petition, therefore, this petition is disposed of with a direction to the respondents to consider there presentation of the petitioner in the light of order passed by this Court in W.P. No.18030/2019. If the petitioner is found entitled for the benefit of annual increment, he shall be granted the same benefit within a period of 45 days from the date of production of certified copy of this order.
With the aforesaid, this petition stands disposed of.
Having regard to the issue of parity the writ petition is disposed off on same terms with a direction to the competent authority to decide the petitioner's pending representation on same terms as contained in the order passed in WP No. 3745/2020.
C.C. as per rules.