UNION OF INDIA Vs. BIRBAL ARORA

JUDGEMENT

(1.) The issue that falls for our consideration in this writ petition is as to whether or not the respondent is entitled to payment of increment, which accrued on 1st March, 1996 despite the fact that the respondent stood retired from service on superannuation with effect from 29th February, 1996.

(2.) The respondent retired from service from the Northern Railway Headquarters Office, Baroda House, New Delhi on 29th February, 1996 with basic pay of Rs.3125/- in the pre-revised scale of Rs.2375-3500/-. In accordance with the provisions of Rule 5(2) of the CCS (Pension) Rules, 1972 which correspond to similar provision in the Railway Pension Rules, 1993, the last working day of the respondent was 29th February, 1996 and on 1st March, 1996 the respondent stood retired from service and was not working on 1st March, 1996. The annual increment of the respondent which otherwise would have been due on 1st of March of the year would have accrued on 1st March, 1996 if it is held that he was also in service on that day. The petitioner took a conscious decision that the respondent was not in Railway service as on 1st March, 1996 and, therefore, he is not entitled to grant of increment effective on 1st March, 1996. In terms of the said decision his all dues were settled as per last basic pay of the respondent at Rs.10,150/- and he was also granted retirement pensionary benefits.

(3.) The respondent as it appears was also not aggrieved by the aforesaid retirement benefits paid to him minus the benefit of increment of Ist March, 1996 which is established from the fact that he never made any representation to the Railways praying for grant of the increment accruing on 1st March, 1996 and fixing his pension on the basis thereof.