CWP 11460 2024 16 05 2024 Final Order

Neutral Citation No:=2024:PHHC:069217-DB
CWP-11460-2024
2024 (O&M) -1-
119
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-11460-2024 (O&M)
Date of Decision: 16.05.2024.2024
YUDHBIR SINGH CHAUHAN AND OTHERS
. . . . Petitionerss
Vs.
STATE OF HARYANA AND OTHERS
. . . . Respondentss
****
CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
HON’BLE MRS. JUSTICE SUDEEPTI SHARMA
****
Present: Mr. Jawahar Lal Goyal, Advocate with
Mr.
Mr. Parth Goyal, Advocate
for the petitioners.
Ms. Tanisha Peshawaria, DAG, Haryana.

****
SANJEEV PRAKASH SHARMA, J.(Oral)
1. Notice of motion.
motion
2. Ms. Tanisha
anisha Peshawaria, DAG, Haryana accepts notice on behalf of
State.
3. Taking into consideration that the issue stands finally adjudicated by
this Court in terms of an earlier judgment passed by the Coordinate
Bench in Union of India and others vs. Vijay Kumar in CWP

CWP-24010--
08.11.2023 and the judgment passed by the Supreme

2023, decided on 08.11.2023,
Court in The Director (Administration and HR) KPTCL and others vs.
C.P. Mundinamani and others, 2023 SCC Online SC 401,, which we
have noticed in the judgment dated 15.04.2024 passed by this Court in
CWP-14857
14857-2023
2023 titled as Jagdish Rai Gupt
Guptaa vs. State of Haryana
and others,
others we intend to dispose of this petition in the same terms for
the purpose of disposal.
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4. It would be apposite to quote the order passed by us earlier on
15.04.2024 in Jagdish Rai Gupta (supra), which is as under:
“7. We therefore, read down the Rule 10 of the

Rules, 2008 to mean that one annual increment would be
earned to an employee on the last day of his service, for the
services rendered by him in the preceding one year from
the date of retirement with good behaviour and efficiency.
Accordingly, the ‘uniform date of annual increment’
mentioned in Rule 10 would mean completion of the year
as on 1st of July of every year and 1st of January of a year.
8. Petitioner has retired on 31st of March of the
concerned year. Annual
Annual increment is to be granted to an
employee on account of his past service of 12 months. The
Rule also provides that if a person has rendered more than
six months, he would be deemed to have completed 12
months of service for the purpose of grant of increm
increment.
Since the petitioner, who retired on 31st of March of the
concerned year, has completed 09 months of service in a
year, he was entitled to receive the benefit of increment for
one year. Having reached to the aforesaid finding, we find
that the case of the persons who have retired on 31st of
March of the year would also be entitled for the benefit in
terms of the judgment passed in the case of Director
(Administration and HR) KPTCL and others (supra).
9. The writ petition is accordingly allowed as
abov
above.
10. Accordingly, it is directed that the petitioner
would be entitled to one increment and the respondents are
directed to revise his retiral benefits and pension
accordingly.
11. Said exercise shall be completed within a
period of three months.”
months.
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5. The facts of the present case are also similar, and the petitioners herein
too have been denied one increment to which they were entitled in
terms of the law laid down by the Apex Court.
6. In the circumstances, it is directed that the petitioner

petitioners would be entitled
led
to one additional increment at the time of retirement, and the
respondents are directed to revise their retiral benefits and pension
accordingly.
7. As we are deciding the writ petition at this stage itself without asking
the respondents to file reply on account of question of law having been
settled, we direct that while implementing our orders, the concerned
authority shall examine the service record of the petitioner

petitioners with regard
to the entitlement of increment as per our judgment supra, and if the
petitioner fall in the same category, the orders shall be passed, the
petitioners
pension shall be revised accordingly and arrears shall be released
within a period of three months. However,

However, the petitioner
petitioners would not be
entitled to any further interest on the arrears.
8. Writ Petition stands disposed of in aforesaid terms.
(SANJEEV
SANJEEV PRAKASH SHARMA
SHARMA)
JUDGE
((SUDEEPTI SHARMA)
JUDGE
May 16,, 2024
Mohit goyal
1. Whether speaking/reasoned? Yes/No

2. Whether reportable? Yes/No
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Neutral Citation No:=2024:PHHC:069217-DB

Ms. Tanisha Peshawaria, DAG, Haryana.

3. Taking into consideration that the issue stands finally adjudicated by

this Court in terms of an earlier judgment passed by the Coordinate

Bench in Union of India and others vs. Vijay Kumar in CWP

08.11.2023 and the judgment passed by the Supreme

C.P. Mundinamani and others, 2023 SCC Online SC 401,, which we

have noticed in the judgment dated 15.04.2024 passed by this Court in

the purpose of disposal.

4. It would be apposite to quote the order passed by us earlier on

15.04.2024 in Jagdish Rai Gupta (supra), which is as under:

“7. We therefore, read down the Rule 10 of the

terms of the law laid down by the Apex Court.

6. In the circumstances, it is directed that the petitioner

to one additional increment at the time of retirement, and the

respondents are directed to revise their retiral benefits and pension

the respondents to file reply on account of question of law having been

settled, we direct that while implementing our orders, the concerned

authority shall examine the service record of the petitioner

to the entitlement of increment as per our judgment supra, and if the

pension shall be revised accordingly and arrears shall be released

within a period of three months. However,

entitled to any further interest on the arrears.

8. Writ Petition stands disposed of in aforesaid terms.

1. Whether speaking/reasoned? Yes/No

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