Allahabad High Court
Deputy Superintendent Of Police ... vs State Of U.P. And 2 Others on 12 December, 2022
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 5311 of 2021 Petitioner :- Deputy Superintendent Of Police Chandra Pal Singh Retired And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bramh Narayan Singh Counsel for Respondent :- C.S.C. and Case :- WRIT - A No. - 14802 of 2020 Petitioner :- Inspector Nirmala Singh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bramh Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Instructions submitted by the Standing Counsel are taken on record.
Both the writ petitions raised a common issue, as such the same are being decided by means of a common judgment.
For the sake of brevity, facts of writ petition no. 5311 of 2021 are being referred.
The claim of the petitioners in the present case is that they are entitled to the benefit of notional increment for the year 2017, despite the petitioners have been retired on 30th June of the calendar year, however they have been denied the benefit of notional increment as the same is payable only with effect from 1st July of the calendar year.
The Standing Counsel has produced instructions to the same effect that the Government Order issued by the State also does not entitle the petitioners for the benefit of the notional increment.
The said issue has already been decided by this Court in Writ A No. 13299 of 2020 (Nand Vijay Singh Vs. Union of India) decided on 29.06.2021. In view of the said judgment, the stand taken by the State Government can not be sustained.
Accordingly, both writ petitions are allowed.
The impugned orders of both the above writ petitions are set aside with directions to take rest increment to the petitioner despite the petitioners have been retired on 30th June of the calendar year 2017, in the light of judgment in the case of Nand Kishor (Supra) and the benefits as directed above shall be granted to the petitioners within a period of three months from today.
Order Date :- 12.12.2022 Vibha Singh