VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Common question of law is involved in all these writ petitions and all these petitions are based on same facts. Therefore, with the consent of the counsel for all the parties, these matters are taken up for final disposal.

(2.) Invoking the extraordinary jurisdiction of this Court contained under Article 226 of the Constitution of India all these petitions have been submitted for seeking direction to the respondents to grant them notional increment with effect from 1st July for the services rendered by them from 1st July till 30th June and consequently refix their pensionary benefits.

(3.) The grievance of the petitioners is that the respondents have declined them the benefit of notional increment on the ground that they retired one day before the increment was due. Counsel for the petitioners submitted that the petitioners worked for the entire year w.e.f. 1st July, till 30th June with good conduct and they stood retired on 30th June after attaining the age of superannuation and no departmental inquiry or judicial proceedings were pending against them, hence petitioners are entitled to get annual increment which fell due on 1st July but the benefit of the said increment has not been extended to them because they retired prior to one day i.e. on 30th June. Counsel submitted that since the petitioners completed one year prior to their retirement hence they are entitled to get benefit of notional increment which becomes due on 1st July. Counsel submitted that it would be wholly arbitrary if the increment earned by the petitioners on the basis of their good conduct for a year is denied only on the ground that they were not in employment on the succeeding day when increment became payable. Counsel submitted that the impugned action of the respondents offends the spirit of reasonableness enshrined under Article 14 of the Constitution of India.