Uttarakhand High Court
Unknown vs Hemwati Nandan Bahuguna Garhwal ... on 23 July, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6478-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Writ Petition (S/B) No. 360 of 2021
23rd July, 2025
Rajendra Singh Kaintura and Another -----Petitioners
Versus
Hemwati Nandan Bahuguna Garhwal University
and Others ------Respondents
--------------------------------------------------------------------
Presence:-
Mr. Vinod Nautiyal, Advocate for the petitioners.
Dr. Kartikeya Hari Gupta, Advocate for the University.
--------------------------------------------------------------------
The Court made the following:
JUDGMENT:(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioners were employees of H.N.B. Garwhal University, Srinagar, District Pauri Garhwal. Petitioner No. 1 was employed as Senior Technical Assistant while petitioner No.2 was employed as System Manager. Both of them retired on 30.06.2021. Their date of birth is 17.06.1961 and 18.06.1961, respectively. According to the petitioners, due date of annual increment payable to them was 1st July, however, they were denied benefit of increment only on the ground that they retired one day earlier.
2. By means of this Writ Petition, petitioners 1 2025:UHC:6478-DB have sought following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 22.03.2021 passed by respondent no.1 (Annexure Nos.5 & 9 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding/director the respondents to treat the retirement date of the petitioners as on 01.07.2021 and grant all the consequential benefits, including the pensionary benefit and grant notional increment from 01.07.2021."
3. Learned counsel for the petitioners has relied upon judgment dated 31.12.2024 rendered by Coordinate Bench of this Court in Writ Petition (S/B) No. 779 of 2024 and submits that since the issue is squarely covered by the said judgment, therefore, this writ petition deserves to be decided in terms of judgment dated 31.12.2024 rendered in the said writ petition. Para 5 & 6 of the said judgment are reproduced below:-
"5. From perusal of the aforesaid judgment, it is apparent that increment is a benefit earned by a Government servant for rendering unblemished service for a specified period and the moment a Government servant has completed unblemished service for the period specified 2 2025:UHC:6478-DB under the Rules/Executive Instructions, in a time scale, he is entitled to the benefit of annual increment. Thus annual increment is earned by a Government servant by rendering unblemished service for a specified period, therefore, benefit of annual increment cannot be denied to him on the ground that the said benefit was payable one day after his retirement. In the case of employees of Uttarakhand Government, increment is payable after completing unblemished service for one year; petitioner completed one year service on 30.06.2018 and the benefit of such service was to be given on 01.07.2018. Denial of benefit of increment to him, merely because he retired on 01.07.2018, would thus be unjust and arbitrary. He earned the right to get annual increment by rendering unblemished service between 01.07.2017 to 30.06.2018 and his right to get increment got crystallized upon rendering continuous unblemished service between 01.07.2017 to 30.06.2018. Thus, the fact that petitioner was no more in service on 01.07.2018 will make no difference and in view of the law declared by Hon'ble Apex Court, the right which accrued to the petitioner on 30.06.2018 upon completing one year unblemished service, cannot be denied to him. Thus, the ground on which petitioner's claim for increment was rejected is contrary to the law of the land. Rule 56 of the Fundamental Rules, referred in the impugned order does not help the case of the respondent, as it merely provides that a Government Servant shall retire from service on the 3 2025:UHC:6478-DB afternoon of the last day of the month in which he attains the age of 60 years. Thus, the reason assigned for rejecting petitioner's claim for annual increment, is unsustainable in the eyes of law.
6. In such view of the matter, the writ petition is allowed and the impugned order dated 07.11.2024 is quashed. The respondents are directed to give benefit of annual increment, which was payable to petitioner on 01.07.2018."
4. Mr. Kartikeya Hari Gupta, learned counsel for the respondents submits that as per Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008, the date of increment in the revised pay structure is fixed as 1st July of every year. He further submits that there is no provision for relaxation. He further submits that petitioners were made to retire on last day of the month in which they completed age of superannuation, therefore, they are not entitled to any further benefit.
5. We are not impressed by the submission made by learned counsel for the respondents.
6. Hon'ble Supreme Court in the case of Director (Administration and Human Resources) KPTCL & others Vs. C.P. Mundinamani & others, reported in (2023) 14 SCC 411, while dealing with 4 2025:UHC:6478-DB the identical issue, approved the judgment rendered by Allahabad High Court in the case of "Nand Vijay Singh & others Vs. Union of India & others", and held that annual increment, which a Government Servant has earned for the services rendered over a year subject to his good behavior, cannot be denied to him.
7. In such view of the matter, the defence taken by the respondents-University cannot be accepted. Accordingly, the writ petition is decided in terms of judgment dated 31.12.2024 rendered by Coordinate Bench in Writ Petition (S/B) No. 779 of 2024. Impugned order dated 22.03.2021 passed by Registrar, H.N.B. Garhwal University, Srinagar, District Pauri is hereby quashed. The Competent University is directed to grant benefit of annual increment, which was payable to the petitioners on 01.07.2021.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.07.2025 23.07.2025 Rajni RAJINI Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac37 01a9ae475a2547e4b7f1d9b1f17d01342, GUSAIN postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC8 0D4557562F95BEBA013F530616A158A0A878B D8, cn=RAJINI GUSAIN Date: 2025.07.30 12:10:40 +05'30' 5