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Neutral Citation No. - 2025:AHC:65662-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1051 of 2024 Appellant :- Secretary / Chief Executive Officer (Ceo) Respondent :- Salik Ram Yadav And 3 Others Counsel for Appellant :- Satyam Singh Counsel for Respondent :- C.S.C.,Gaurav Srivastava,Shesh Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Learned Single Judge has allowed the claim of the writ petitioners for payment of annual increment for the period 1997 to
2011. Similar payment was made to another employee in the year
2013. Learned Single Judge has also noticed that repeated representations were made by the employee and the union. Such claim was based on the basis of settlement worked out earlier between the union and the employees. Since the respondent had superannuated on 31.7.2018 and the writ petition was filed soon thereafter, the learned Single Judge has allowed the writ petition and directed such increment to be released to the respondents/writ petitioners.
2. Though the judgment of the learned Single Judge is assailed but the entitlement of the writ petitioners to receive such increment is not disputed. The only objection taken is that there was delay of eight years in filing the writ petition. Learned counsel points out that assertion made in paragraph 18 of the writ petition that similarly placed person was granted increment in the year 2013 has not been denied.
3. Having gone through the materials on record as also the admitted stand of the appellants that entitlement to receive annual increment is undisputed and the fact that other similarly placed person was granted such benefit only in the year 2013, whereas claim of the respondent has been brought before this Court in the year 2019, we do not find any unexplained delay on the part of the writ petitioners in approaching this Court.
4. In such view of the matter, the judgment of learned Single Judge in directing the increment to be paid for the period in question suffers from no illegality.
5. The special appeal lacks merits and is dismissed.
6. We, however, modify the judgment of the learned Single Judge inasmuch as the services of the respondent since is not pensionable, he would not be entitled to any pension etc. Order Date :- 28.4.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad