Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan on 12 January, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15579/2022
Om Prakash S/o Shri Ganeshram Sharma, Aged About 62 Years,
Resident Of Devi Marg K-78, Gayatri Nagar, Chandna Bhakar,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Department Of Agriculture,
Jaipur, Rajasthan.
2. The Commissioner, Agricultural, Commissionerate, Jaipur,
Rajasthan.
3. The Commissioner, Horticultural, Rajasthan, Jaipur.
4. The Joint Director, Agricultural, (Administration)
Rajasthan, Jaipur.
5. Joint Director, Department Of Pension, Jodhpur.
6. The Deputy Director, (Horticultural), Jalore.
7. Assistant Director, (Horticultural), Sirohi.
8. Treasurer Officer Rural, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Mahaveer Singh Rathore
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 12/01/2023
1. At the very outset, learned counsel for the petitioner submits that the controversy in question is squarely covered by the judgment rendered by the Madras High Court in the matter of P. Ayyamperumal Versus Registrar, CAT & Ors.: WP No.15732/2017, decided on 15.09.2017. It is further submitted that SLP against the judgment aforesaid has also been dismissed (Downloaded on 14/01/2023 at 12:07:13 AM) (2 of 3) [CW-15579/2022] by the Hon'ble Apex Court on 23.07.2018. The operative portion of the judgment is quoted as under:
"4.Heard the learned Senior Panel Counsel appearing for the respondents 2 to 4 on the submissions made by the petitioner and perused the materials available on record.
5.The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.
6.In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.
7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated (Downloaded on 14/01/2023 at 12:07:13 AM) (3 of 3) [CW-15579/2022] 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs."
2. In view of the limited prayer addressed; the writ petition is disposed of with the direction to the respondents to decide the representation of the petitioner within a period of 60 days from today strictly in accordance with law. The aforementioned precedent law shall be kept into consideration.
3. Stay petition also stands disposed of.
(VINIT KUMAR MATHUR),J 125-KashishS/-
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