UNION OF INDIA Vs. CENTRAL ADM TRIBUNAL

JUDGEMENT

(1.) This writ petition is directed against the order dated 4.11.2004 (Annexure-5), passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 188 of 2003 (Munshi Lal Sinha and Ors. v. the Union of India and Ors.), whereby the Tribunal has allowed the same and has granted to the original applicants the benefit of increment which they had earned till the date of their service.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. All the original applicants were employees of the Union of India, in the Department of Post and Telegraph. All of them superannuated with effect from 31st January of their respective years. They claimed the benefit of grant of annual increment which they had earned for being in service up to 31st of January of their respective years which were denied to them leading to the original application which has been allowed.

(3.) We have perused the materials on record and considered the submissions of learned Counsel for the petitioners. It appears to us that this case is really covered by Sub-rule (2) of rule-26 of the Fundamental Rules which provides that the increment falling due to an employee till the date of his retirement can be granted only if he is in service on the following day. In other words, in the present case, in order that the increments could be granted to the employees, they must have been in service on 1st of February. On the contrary, the position is that they had superannuated in the afternoon of 31st of January of their respective years which disentitled them from the increment. We, therefore, disagree with the order of the learned Tribunal and is accordingly set aside.