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2025 DAILYLAW 12850 (JHR)

KAILASH PATI PRASAD SRIVASTAVA v. THE STATE OF JHARKHAND

WPC/4809/2025 · 2025-09-04

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26941 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4809 of 2025 ------ Kailash Pati Prasad Srivastava, S/o Late Bishwanath Prasad Srivastava, R/o Village Balsiring Road, near Aayush Palace, tupudana Chowk, Tupudana, Hatia, P.O. & P.S. Hatia, District Ranchi (Jharkhand). … … Petitioner Versus 1. The State of Jharkhand. 2. The Chief Secretary, Government of Jharkhand, P.O. & P.S. Dhurwa, District Ranchi. 3. The Additional Chief Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, P.O. & P.S. Dhurwa, District Ranchi. 4. The Principal Secretary, Jharkhand Urban Development & Housing Department, Project Building, P.O. & P.S. Dhurwa, District Ranchi. 5. The Director General of Police, P.O. & P.S. Dhurwa, Jharkhand, Ranchi. 6. The Accountant General (A & E), Jharkhand, P.O. & P.S. Doranda, District Ranchi. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Shekhar Prasad Sinha, Advocate For the Respondent(s): Ms. Shweta Shukla, AC to AAG-II ------ 05/ 04.09.2025 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. By filing this writ petition, the petitioner prays for a direction upon the respondents for grant of one notional increment with all consequential benefits. He also prays for payment of pension accordingly. 3. The petitioner superannuated on 30.06.2017, but his last increment was not paid. Consequently his pensionary benefits also stood reduced because of non-payment of the said increment which he claims. 4. Learned counsel representing the petitioner submits that 2025:JHHC:26941 2 the issue of payment of increment, if the date of retirement is 30th June or 31st December, has already been set at rest by the Hon’ble Supreme Court in the case of The Director (Administration and Human Resources) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. reported in 2023 SCC OnLine SC 401. As per the aforesaid judgment, the person who is retiring on 30th June or 31st December, is entitled to get increment, which is due on the next date, thus the petitioner is also entitled to receive the increment, which has not been paid to him. 5. The respondents are thus directed to calculate the increment and revise the pension and other benefits of the petitioner, and pay the same immediately and they are also directed to pay the arrears also. 6. The entire process including making payment of the aforesaid monetary benefits, should be concluded within a period of ten weeks from the date of receipt of copy of this order. 7. With the aforesaid directions, this writ petition stands disposed of. (ANANDA SEN, J.) Prashant.Cp-2