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1 - 10 of 12 (0.27 seconds)Hari Prakash R vs State Of Himachal Pradesh & Ors on 6 November, 2020
4. Learned Assistant Government Pleader
relied on the decision of the Himachal Pradesh
High Court in Hari Prakash and Others Vs.
State of Himachal Pradesh and Others being
Civil Writ Petition No.2503 of 2016 decided on
6.11.2020, further on the decision of the
Rajasthan High Court in Safi Mohammad and
Others Vs. State of Rajasthan and Others
decided on 1.12.2021 and next also of the
Rajasthan High Court in Ramji Lal Kulhari and
Others Vs. State of Rajasthan and Others being
Civil Writ Petition No.85 of 2020 and group of
petitions decided on 10.1.2022 to submit that in
the said decisions, the High Courts had taken a
contrary view holding that there would occur
no entitlement to get the increment.
Mohammed Shafi And Ors. vs The State Of Rajasthan And Ors. on 7 November, 1975
4. Learned Assistant Government Pleader
relied on the decision of the Himachal Pradesh
High Court in Hari Prakash and Others Vs.
State of Himachal Pradesh and Others being
Civil Writ Petition No.2503 of 2016 decided on
6.11.2020, further on the decision of the
Rajasthan High Court in Safi Mohammad and
Others Vs. State of Rajasthan and Others
decided on 1.12.2021 and next also of the
Rajasthan High Court in Ramji Lal Kulhari and
Others Vs. State of Rajasthan and Others being
Civil Writ Petition No.85 of 2020 and group of
petitions decided on 10.1.2022 to submit that in
the said decisions, the High Courts had taken a
contrary view holding that there would occur
no entitlement to get the increment.
Ramji Lal Kulhari vs State Of Rajasthan on 10 January, 2022
4. Learned Assistant Government Pleader
relied on the decision of the Himachal Pradesh
High Court in Hari Prakash and Others Vs.
State of Himachal Pradesh and Others being
Civil Writ Petition No.2503 of 2016 decided on
6.11.2020, further on the decision of the
Rajasthan High Court in Safi Mohammad and
Others Vs. State of Rajasthan and Others
decided on 1.12.2021 and next also of the
Rajasthan High Court in Ramji Lal Kulhari and
Others Vs. State of Rajasthan and Others being
Civil Writ Petition No.85 of 2020 and group of
petitions decided on 10.1.2022 to submit that in
the said decisions, the High Courts had taken a
contrary view holding that there would occur
no entitlement to get the increment.
Gopal Singh vs Union Of India on 16 September, 2019
5.2 The view taken by the Madras High Court
in P.Ayyamperumal (supra) and by Delhi High
Court in Gopal Singh (supra) and other High
Courts as above, holding that the government
servant is entitled to increment becoming
payable on 1st July, even though he has retired
on 30th June, is required to be accepted. This
court is in concurrence with the view taken in
the aforesaid decisions by the Madras High
Court and the Delhi High Court and the
reasons supplied therein. This court is unable
to subscribe to the converse view taken by High
Courts of Himachal Pradesh and Rajasthan.
Nand Vijay Singh And 3 Others vs Union Of India And 4 Others on 29 June, 2021
4.1 On the other hand, learned advocate for the
respondent relied on the decisions in Gopal
Singh Vs. Union of India and Others being Writ
Petition No.10509 of 2019 decided by Delhi
High Court on 23.1.2020, in Nand Vijay Singh
and Others Vs. Union of India and Others
being Writ Petition No.13299 of 2020 of
Allahabad High Court decided on 29.6.2021, in
Yogendra Singh Bhadauria and Others Vs.
State of Madhya Pradesh of High Court of
Madhya Pradesh decided on 22.9.2020, in AFR
Arun Kumar Biswal Vs. State of Odisha and
Another being Writ Petition No.17715 of 2020
decided on 30.7.2021.
P.Ayyamperumal vs The Registrar on 15 September, 2017
In that learned
standing counsel could not dispute the
judgment of the Madras High Court in
P.Ayyamperumal (supra) confirmed by the
Apex Court in the Special Leave Petition as
above.
Union Of India vs Laxmanbhai Kalabhai Chavda on 27 January, 2021
5.5 As a Co-ordinate Bench, we are bound by
the aforesaid view taken in Laxmanbhai
Chavda (supra), and stand in agreement with
the same.