A retired state employee filed a writ petition seeking a notionally granted increment falling immediately after retirement to fix last pay for pension purposes. The court allowed the petition relying on Union of India versus P. Ayyamperumal.
Petitioner entitled to notionally grant one increment to reckon last pay drawn and pension may be re-fixed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12749 of 2024
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Balmukund Prasad Late Bhagwat Prasad Resident of Mohalla- Sunder Garh Bihar Sharif, P.S. Bihar District-Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Prasad, Advocate. For the Respondent/s : Mr. Md. Irshad, AC to SC-1. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 29-08-2024
Heard Mr. Sanjay Prasad, learned counsel appearing
on behalf of the petitioner and Mr. Md. Irshad, learned AC to SC-1 for the State.
for in Para-1 of the writ petition, which are, inter alia , reproduced hereinafter:
“For direction the respondents to notionally grant one increment to the petitioner for the purpose of pension to reckon his last pay drawn and the pension of petitioner may be re-fixed who retired from service on 30-06-2022 which would have fallen due only on the next day of completion of one full year dated 01-07-2022.
II. For any order and direction in the interest of justice and ends of justice in the facts and circumstances of the case.
Patna High Court CWJC No.12749 of 2024(2) dt.29-08-2024 2/3
petitioner informs that the petitioner had retired on 30.06.2022 and his increment fell on 01.07.2022. He further submits that the case of the petitioner is covered by the law laid down by the Apex Court in the case of Union of India & Ors. Vs. P. Ayyamperumal (S.L.P. (Civil) Diary No(s) 22283 of 2018. The information was given on behalf of the petitioner that he had retired after completing his full period of service on 30.06.2022 and the date of increment fell on 01.07.2022 i.e. on the very next date of his retirement. He further submits that the petitioner has already filed a detailed comprehensive representation dated 22.07.2022 before the District Magistrate, Nalanda and the same is pending till date.
Patna High Court CWJC No.12749 of 2024(2) dt.29-08-2024 3/3
retired after completing his full period of service on 30.06.2022 and the date of increment fell on 01.07.2022 i.e. on the very next date of his retirement, the present writ petition is allowed. The benefit of increment is required to be considered by calculating the last pay drawn by the petitioner for fixing pension and other pensionary benefits of the petitioner.
(Purnendu Singh, J)
mantreshwar/-
U
1 issue framed by the court
Whether a petitioner who retired on 30-06-2022 and whose increment fell on 01-07-2022 is entitled to notionally be granted one increment for pension reckoning under Union of India Vs. P. Ayyamperumal.
Colour shows how this judgement treated each authority
P. AyyamperumalFollowed¶24
Union of India & Ors. Vs. P. Ayyamperumal (S.L.P. (Civil) Diary No(s) 22283 of 2018.
Balmukund Prasad Late Bhagwat Prasad
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
