UNION OF INDIA Vs. NARESH KUMAR GUPTA

JUDGEMENT

(1.) The present Petition has been filed assailing the impugned order dtd. 29/4/2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal') in O.A. No. 3071/2023, whereby the learned Tribunal granted the Respondents the benefit of increment on the basis of the judgment passed by the Hon'ble Supreme Court in The Director (Admn. And HR) KPTCL & Ors. v. C.P. Mundinamani & Ors: 2023 SCC OnLine SC 401. The relevant extract is reproduced as under: -

(2.) Learned counsel representing the Petitioners contends that the Respondent was working/posted as A.F.A. at Baroda House, Head Quarters' Office, Northern Railway, New Delhi and he superannuated on 30/6/2021 and the increment was due to him only on 1/7/2021 i.e. a day after the Respondent retired. Hence, the learned Tribunal has erred in relying upon the judgment passed by the Hon'ble Supreme Court in the case of the Director (Admn. and HR) KPTCL & Ors. (supra). It is also contended that the learned Tribunal has erred in granting interest @ 6 p.a. which was not prayed for by the Applicant in his O.A.

(3.) This Court has considered the submissions and it emerges that the present issue has been squarely covered by the above judgment. The Hon'ble Supreme Court in the Director (Admn. and HR) KPTCL & Ors. (supra) was dealing with the case where the employees, who had retired one day earlier than the date on which the annual increment became payable, and despite completion of one year of service preceding the due date of retirement and having earned one annual increment, the increment was denied on the ground that the date on which the increment accrued, i.e., the 366th day, the employee was not in service. It was held by the Hon'ble Apex Court that the increment is earned for rendering their services for one year preceding the date of retirement and only because the benefit accrues on a day after the retirement, the benefit cannot be denied. The relevant extract is reproduced hereinunder: -