5200009 EX-SENIOR ACCOUNTANT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was enrolled in the Assam Rifles as LDA, and superannuated as a Senior Accountant/Junior Accounts Officer, is before this Court with a prayer for consideration of the representations made before the respondents, for grant of one annual notional increment, which it is claimed, was earned 1(one) day before his retirement, and for grant of consequential pensionary benefits.

(2.) Mr. B. Deb, learned counsel for the petitioner submits that the writ petitioner who retired on 30/6/2021, had obtained the necessary qualifying service entitling him to the annual increment, which however has not been granted even in spite of the representations made, and as such has filed the instant writ petition before this Court. He further submits that in view of settled law, especially the decision of the Supreme Court in the case of Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors. reported in AIR 2023 SC 1956, wherein it is held that a grant of one annual increment earned on the last day of service was valid, he contends that the non- consideration of the same is arbitrary. He therefore, prays for appropriate directions, in this regard.

(3.) Dr. N. Mozika, learned DSGI assisted by Ms. C. Jala, learned counsel for the respondents has submitted that the petitioner has already been granted his service increments as per the Revised Pay Rules, wherein there are 2(two) dates for grant of increments i.e. 1st January and 1st July, of every year, and that the employees are entitled to only 1(one) annual increment. The petitioner he submits, having been granted increment on 1/7/2021, after his retirement is not entitled to any further increment. The learned DSGI further submits that as the representations are yet to be disposed of, the respondents will examine the same and pass necessary orders as per the petitioner's entitlements.