Completing a Service Year with Good Conduct Cannot be Overlooked: Gujarat High Court Recognizes Right to Increment for Retirees
In a pivotal judgment, the Gujarat High Court, under the guidance of Honourable Mr. Justice Aniruddha P. Mayee, has affirmed the right of government servants to receive an annual increment due on July 1st, even if their retirement falls on June 30th. This decision aligns with the principles established by the Supreme Court and other High Courts, addressing a critical concern for retirees regarding their increments.
Justice Mayee, in his oral order, highlighted the importance of recognizing the service year completed with good conduct by the retirees. He remarked, “The increment is earned for rendering service with good conduct in a year/specified period. Therefore, the moment a government servant has rendered service for a specified period with good conduct, in a time scale, he is entitled to the annual increment.”
The case involved the Nagar Prathmik Shikshan Samiti Karmachari Pensioners Mandal against the State of Gujarat, where the petitioners, mostly retirees of June 30th across several years, sought justice for being denied the increment due on the following July 1st.
Drawing upon the precedent set by the Supreme Court in the case of Director (Admn. and HR) KPTCL v. C. P. Mundinamani and Ors., the Gujarat High Court upheld that “the entitlement to receive an increment crystallizes when the government servant completes the requisite length of service with good conduct and becomes payable on the succeeding day.”
Following this landmark decision, the Gujarat High Court has directed the concerned authorities to revise the pension and other retirement benefits of the petitioners accordingly. This ruling is a significant stride in acknowledging the rights of government employees to the benefits they have earned through their dedicated service.
Date: 22/01/2024
NAGAR PRATHMIK SHIKSHAN SAMITI KARMACHARI PENSIONERS MANDAL VS STATE OF GUJARAT
