Jammu, Apr 06: In Original Application No.61/710/2024 titled Smt. Shafqut Iqbal Mintoo Versus 1. UT of Jammu & Kashmir Through Commissioner/Secretary to Government, School Education Department, Civil Secretariat, Srinagar/ Jammu. & ors after hearing a bench of HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J) HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A) ordered as under:-
ORDER (Per :- Hon’ble Mr. Rajinder Singh Dogra, Judicial Member 1. The instant Original Application has been filed by the applicant under Section 19 of Administrative Tribunal Act, 1985 making therein the following relief through her Advocate, Farooq A. Natnoo:-
I / Allow this Original application of the applicant.
II/ Direct the respondents to grant one annual increment which the applicant earns on 30-06-2024 i.e one day prior to the actual date of accrual of the annual increment ( 01-07-2024) as per the Article-72 of J&K CSR and interpretation placed to similar provisions by the Hon’ble Supreme Court as well as various High Courts of the country and accordingly fix the pensionary benefits of the applicant.
III. Any other relief which this Hon’ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.
2. Facts giving rise to the filing of the instant OA as emerging from the pleadings and also as explained by the counsels appearing for the parties are that the applicant herein being MSC, M.ed. and having been initially appointed as Teacher in 1991, thereafter promoted as Master and discharged her duties to the entire satisfaction of the concerned authorities till her retirement on superannuation on 30-06-2024 and as on the date of retirement on superannuation the applicant has been working in Pay Scale 35900-113500, Grade Pay 4280- under Pay Band Level 6-E, with basic pay Rs. 68600/- as on 01-07-2023 having earned last increment after completing prescribed period of service as on 01-07-2023 and that the applicant was also completing her period of 12 months unblemished service as on 30-06-2024 and her increment was due as on 01-07-2024 and due to her retirement on superannuation from Govt services as on 30-06-2024 one day earlier, when the applicant was entitled to avail the benefits, by fixing basic pay as Rs 70700/- cannot get the required benefit of her due increment due to retirement on superannuation from Govt services as on 01-07-2024 and that the applicant had approached the respondents number of times and lastly by way of representation dated 22-05-2024 clarifying the provision governing the subject and also interpretation made by various Court including the Hon’ble Supreme Court and had thus sought one annual increment which the applicant earns on 30-06-2024 i.e one day prior to the actual date of accrual of the annual increment ( 01-07-2024), which the respondents have failed to consider thus constraining the applicant to invoke the jurisdiction of this Tribunal by way of filing instant OA on the grounds set out therein.
3. Mr. F A Natnoo Ld. Counsel appearing for the applicant submits that applicant cannot be deprived of her benefit of annual increment on the ground that she is retiring one day earlier to the day when it is to be counted in her favour, which as stated by Mr. Natnoo is also to be granted in her favour as per the statutory provision of Article 72 od J&K CSR and the law laid down by the Hon’ble Apex court while interpreting the similar provisions of Central CSR and that the inaction on part of the respondents as such cannot stand the test of law laid down under Article 14 & 16 the constitution of India and is thus liable to be struck down on this ground alone.
4. Respondents have filed their respective objections. Respondent no. 3 in its reply filed in factual para- 2 has stated that as per Article 72 of the J&K Civil Services Rules (CSR), annual increments accrue after the completion of one full year of service and are granted on the first day of the succeeding month.
Mr. Mangotra Ld. AAG submits that since the applicant retired on 30-06-2024 and was not in service on 01-07-2024, which is the date on which the increment would normally be added, therefore the applicant be entitled to grant the benefit of extra increment.
The respondent no. 5 has also filed the objections and has pleaded no role in the matter.
5. We have heard the Ld. Counsel for the applicant and Ld. AAG Mr Mangotra for respondents no. 1 to 4/Department and Mr. Sumant Sudan for respondent no.
6. About the date of retirement and the actual date of accrual of the annual increment there is no dispute as both the parties have maintained a similar stand to that extent but so far as the grant of benefit of increment is concerned Mr. Natnoo in tune and line with the grounds set out in OA submits that in view of the settled legal position of law laid down under Article 72 of J&K CSR and similar provision interpreted by Hon’ble Supreme Court of India by judgment dated 11-04-2003 passed in case bearing Civil Appeal No. 2471 of 2003 titled as The Director (Adm and Hr) KPTCL Vs C. P Mundinamani & Ors as well as the judgment passed by the Hon’ble High Court of Madras in WP No. 15732/2017 titled as P. Ayyamperumal Vs The Registrar Central Administrative Tribunal & Ors, the annual increment in favour of the applicant is to be counted from 30-06-2024. It would be profitable to reproduce the relevant extracts of both these aforesaid judgments’ as under:- Observations of Hon’ble Apex Court in Civil Appeal No. 2471 of 2003- The Director (Adm and Hr) KPTCL Vs C. P Mundinamani & Ors:- “
7. In view of the above and for the reasons stated above, the Division Bench of High Court (Karnataka at Bengaloru) has rightly directed the appellant to grant one annual increment which the original writ petitioners earned on the last day of their service” for rendering their services proceeding one year from the date of retirement with good behavior and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court” - Observations of Hon’ble High Court of Maras in WP No. 15732/2017: P. Ayyamperumal Vs The Registrar Central Administrative Tribunal & Ors”:- “The Petitioner herein has completed one year full 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 fall 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 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 fells on 01-07-2013, for the purpose of pensionary benefits and not for any other purpose”
7. In view of the facts and circumstances of the case and the legal position as above, this OA is allowed, respondents are directed to grant one more annual increment to the applicant as on the date of her retirement and accordingly re-fix the pension/pensionary benefits and pay arrears if any to the applicant.
8. The needful as above shall be done by the respondents within a period of two months from the date of receipt of copy of the order.
9. No order as to costs.
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