JETHABHAI MULJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) The factual matrix in the present case is that the petitioners herein retired from the service on 30/6/2012, 30/6/2016, 30/6/2016, 30/6/2013, 30/6/2011 respectively, on attaining the age of superannuation. It is the case of the petitioners that they have rendered one full year of service before their retirement and therefore, they were entitled to get the benefit of annual increment for the said period of service. That, as per the policy of Government, the said increments fall due on 1 st July of the respective years of retirement in respect of petitioners. However, as aforesaid, as the petitioners had retired from service on the 30 th June of the respective years, they were not granted the said benefit of annual increment for the said period. Aggrieved, the petitioners have preferred the present Special Civil Application.

(3.) Learned advocate Mr. Majmudar appearing on behalf of the petitioners submits that the issue with respect to grant of increment after retirement has now been settled in the decisions by the Division Bench of this Court as well as by the Hon'ble Supreme Court. He submits that in the case of State of Gujarat v. Takhatsinh Udesinh Songara and Anr., being Letters Patent Appeal No. 868 of 2021 decided on 27/4/2022, the Division Bench of this Court has held that the government servant is entitled to increment becoming payable on 1st July and the retirement of the government servant on the day prior to the increment becoming payable is only fortuitous circumstance. He submits that the said judgment was challenged before the Hon'ble Supreme Court by way of preferring Special Leave Petition (Civil) Diary No. 26295 of 2022 and the Hon'ble Supreme Court was pleased to dismiss the Special Leave Petition since the order of the Division Bench was complied with by the State Government and the issue was kept upon as the issue was at large in other matters pending before the Hon'ble Supreme Court.