JYOTIRMOY SARKAR Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) The writ petitioner has prayed for issuance of a writ of mandamus to set aside and/or quash the order of the Executive Director (Finance), Damodar Valley Corporation dated September 27, 2021 and for a direction upon the respondent authorities to grant one notional annual increment which became due for the period from July 1, 2018 to June 30, 2019.

(2.) Petitioner, who was at the relevant point of time the Deputy General Manager (Finance), Finance Department, Damodar Valley Corporation (for short 'DVC') Kolkata, retired from service on superannuation with effect from June 30, 2019. The petitioner claims that he became eligible to receive the annual yearly increment on completion of one full year of regular service with effect from 1/7/2018 till June 30, 2019. Petitioner claims to have submitted a representation dated June 3, 2019 before the respondent authority praying for grant of annual yearly increment which fell due on July 01, 2019. Alleging inaction on the part of the respondent authorities, the writ petitioner approached this Court by filing a writ petition being WPA 11445 of 2021 which was disposed of by an order dated August 3, 2021 by directing the Executive Director, Accounts and Finance Department, DVC to consider and decide the representation of the petitioner by passing a reasoned order within a stipulated time. The Executive Director (Finance), DVC by an order dated September 27, 2021 rejected the prayer of the petitioner.

(3.) Challenging the said order of the Executive Director (Finance), DVC dtd. 27/9/2021, the petitioner has approached this Court by filing the instant writ petition. The ground on which the prayer of the petitioner was rejected by the Executive Director (Finance), DVC is that the Office Memorandum dtd. 19/3/2012 read with the Central Civil Services (Pension) Rules, 1972 does not provide for grant of annual increment which falls due on a date subsequent to the date of retirement of an employee/ officer.