KORAK BARAN CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. C.S. Sinha, learned counsel appearing for the petitioners as well as Mr. H. Sarkar, learned counsel appearing for the respondents.

(2.) Both the writ petitions being WP(C) No. 315 of 2021 [Korak Baran Chowdhury versus The State of Tripura and 2 Others] and WP(C)No.316 of 2021 [Shri Santanu Debbarma, Retired TCS(SSG) versus The State of Tripura and 2 Others] are clubbed together for disposal by a common judgment as one identical issue wades through those petitions viz. the question that is common to those writ petitions is whether an employee who retires on the last working day of month and his date of release of increment falls on the next working day, in the next month that is, on the following day of his retirement, is entitled to get the benefit of the said increment for purpose of determining his pension and other retiral benefits or whether he will be entitled to get the notional benefits for purpose of determining the last pay on the previous day to the due date of release of increment.

(3.) In WP(C)No.315 of 2021, the petitioner [Sri Korak Baran Chowdhury] had been working as the Additional Secretary, Government of Tripura being borne in TCS [Super Selection Grade]. He retired from the service on 30/6/2019 [afternoon]. He has received his last annual increment on 1/7/2018 and his next increment, if due, would have fallen on 1/7/2019 considering his service during the period from 1/7/2018 to 30/6/2019. But since he had retired on 30/6/2019, the state did not include his increment even notionally to his last pay.