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Judgment
Pankaj Purohit, J
Heard learned counsel for the parties.
Petitioner nos.1 & 2 were retired as Assistant Cashier and Booking Clerk from Uttarakhand Transport Corporation, Pithoragarh on 30.06.2023.
According to the petitioners, on 21.06.2023, they submitted their respective representations before respondent no.3, requesting payment of an annual increment (notional) on the day of their superannuation. The said annual increment was based on the service rendered by the petitioners from 01.07.2022 to 30.06.2023. Petitioners superannuated from the respondent-department on 30.06.2023.
Feeling aggrieved, petitioner has sought a writ of mandamus directing the respondents to pay the petitioners annual increment (notional) for the service that they have rendered in the respondent-department from 01.07.2022 to 30.06.2023.
Learned counsel for the petitioners has drawn attention of this Court to the representations made by the petitioners. He has also relied upon a judgment rendered by Hon’ble Apex Court in the case of Director (Administration and HR) Karnataka Power Transmission Corporation Ltd. And Others Vs. C.P. Mundinamani and Others (Civil Appeal No.2471 of 2023), 2023 SCC Online SC 401. Relevant extract of the said judgment is reproduced below-
“The Allahabad High Court in the case of Nand Vijay Singh (supra) while dealing with the same issue has observed and held in paragraph 24 as under: -
“24. Law is settled that where entitlement to receive a benefit crystallises in law its denial would be arbitrary unless it is for a valid reason. The only reason for denying benefit of increment, culled out from the scheme is that the central government servant is not holding the post on the day when the increment becomes payable. This cannot be a valid ground for denying increment since the day following the date on which increment is earned only serves the purpose of ensuring completion of a year’s service with good conduct and no other purpose can be culled out for it.”
Having gone through the Case Law relied upon by the learned counsel for the petitioners rendered by Hon’ble Apex Court in the case of Director (Administration and HR) Karnataka Power Transmission Corporation Ltd. And Others (Supra), this Court is of the view that the issue is no longer res-integra.
Accordingly, the writ petition is allowed. A writ of mandamus is issued commanding respondents to grant annual increment to the petitioners for the period w.e.f. 01.07.2022 to 30.06.2023 and without any further delay, to grant them notional benefits on the basis of the last drawn salary, after adding the increment in-question.
Pending application, if any, stands disposed of accordingly.