Supreme Court Order On employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year
In this batch of OAs, the only question that arises for consideration is as to whether an employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year, as the case may be.
It is true that in Union of
India Vs. M. Siddaraj (SLP No. 4722/2021), the Hon’ble Supreme Court passed an
order 32 OA No. 776/2019 and batch recently on 05.04.2021, directing that the
pension shall be granted to the respondents therein on the basis of the last
pay drawn as on 30th June, 2014. Learned counsel for the applicants submit that
they verified the record and found that the respondents in the said SLP were
already extended the benefit of increment, at the last day of their service.
Be that as it may, once the
various benches of the Tribunal, the Hon’ble High Courts and the Hon’ble
Supreme Court held that the increment, which became due on 1st July or 1st
January as the case may be, needs to be released for the employees, who retired
one day earlier thereto, the applicants herein cannot be denied such benefit.
To protect the interests of
the respondents, we direct that in case any different view is taken by the
Hon’ble Supreme Court in SLP No. 4722/2021, the applicants shall be under
obligation to refund the benefit that is extended to them. In the corresponding
orders, a clause can be incorporated to that effect.
We make it clear that extension
of benefit of increment shall be subject to their fulfilling other conditions
under the relevant service rules.
