Shimla: The Himachal Pradesh High Court directed the Union of India and its departments to reconsider a petition filed by two retired employees, Rupinder Singh and another, seeking the grant of one notional annual increment for their service year from July 1, 2014, to June 30, 2015.
The petitioners argued that they were entitled to the increment as per the law laid down by the Supreme Court in Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors. (2023). They sought directions for the respondents to grant the increment and refix their pension with all consequential benefits, including arrears and interest at 10% per annum.
Justice Ajay Mohan Goel, presiding over the case, noted that the petitioners’ earlier representations and legal notices had been rejected by the respondents.
The petitioners’ counsel, Mr. K.S. Dhaulta, cited the Supreme Court ruling that employees are entitled to annual increments on their last day of service if they have completed one year of service with good behavior and efficiency.
However, the respondents, represented by Senior Panel Counsel Mr. Nand Lal Thakur, referred to an interim order passed by the Supreme Court on September 6, 2024, which clarified that the 2023 judgment would apply to third parties only from May 1, 2023.
In light of these clarifications, Justice Goel directed the respondents to review the petitioners’ case and take appropriate action within six weeks.
The High Court emphasized that the review must align with the Supreme Court’s rulings, ensuring fair and just consideration of the petitioners’ claims.
The court’s order comes amid increasing litigation on notional increment claims post-retirement, with similar petitions being filed across the country.
The issue has garnered attention due to its potential implications on pension calculations for retired employees.
The High Court's directive is seen as a step toward resolving long-standing grievances of retired employees seeking rightful benefits. Pending applications related to the case were also disposed of.
Kameshwar Dhaulta said Two decorated CISF Commandants, who retired on June 30, 2015, have been denied their rightful increment by the Government of India (GoI) on the pretext that they were not in service when the increment became due on July 1.
Despite completing a full year of service and numerous representations citing favorable High Court and Supreme Court judgments, their claims have been repeatedly rejected.
The Supreme Court had earlier ruled in favor of employees in similar cases, stating that denying increments on such technical grounds was unjust.
However, the GoI has filed a review petition against this ruling, which remains pending.
But this judgment has come as a big relief for the similarly situated employees.
