NAND VIJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) All the four petitioners have superannuated from Railway Protection Force, on 30th June, 2019 from the post of Inspector/Sub Inspector/Assistant Sub Inspector and Head Constable, respectively. They claim to have worked for the entire year i.e. 1.7.2018 to 30.6.2019, with good conduct, and have thus raised a claim for grant of annual increment for the year 2018-19. Annual increment for the year 2018-19, however, fell due under the relevant rules only on 1.7.2019, by when the petitioners had superannuated. Their claim has consequently been rejected by the Senior Divisional Security Commissioner, Railway Protection Force, North Central Railway, Allahabad vide orders dated 24.2.2020, 27.1.2020 and 2.3.2020. These orders are challenged in the present writ petition.

(2.) A counter affidavit and later a supplementary-counter affidavit has been filed in the matter on behalf of the respondents, to which a rejoinder affidavit has been filed by the writ petitioners. With the consent of learned counsel for the parties this petition is taken up for final disposal, at the admission stage itself. I have heard Sri J.N. Singh, learned counsel for the petitioners and Sri Arun Kumar Gupta, learned counsel for the respondents and perused the materials on record.

(3.) Petitioner no. 1 was initially appointed as Constable in the respondent Railway Protection Force on 29.7.1978 and was promoted to the post of Assistant Sub Inspector in the year 1989. He was further promoted to the post of Sub Inspector in the year 2001 and then promoted as Inspector in the year 2010. He has superannuated on 30.6.2019. Similarly, petitioner No. 2 was appointed as Constable on 1.8.1978 and has been promoted to higher posts from time to time. He has superannuated on 30.6.2019 from the post of Sub Inspector. Petitioner No. 3 was appointed as Constable in the same Force on 15.10.1979 and has ultimately superannuated on 30.6.2019 from the post of Assistant Sub Inspector. Petitioner No. 4 was appointed as Constable on 4.11.1980 and has superannuated on 30.6.2019 from the post of Head Constable.