IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5468 of 2024 Date of decision: 08.01.2025 Vijay Singh Jamwal. ...Petitioner. Versus Union of India & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Surinder K. Saklani, Advocate. For the respondents : Mr. Balram Sharma, DSGI, with Mr. Rajeev Sharma, Advocate. Jyotsna Rewal Dua, Judge With the consent of learned counsel for the parties, matter is heard at this stage. 2. The petitioner was appointed as Sub-Inspector in Sashastra Seema Bal, Ministry of Home Affairs in the year 1986. He superannuated on 30.06.2022 after rendering 36 years of service. It is the case of the petitioner that as he had retired after rendering 36 years of service on the last day of his service, he was entitled to one increment w.e.f. 01.07.2022. The grievance of the petitioner is that his representation (Annexure P-2) for grant of one annual increment on the last day of his services w.e.f. 01.07.2022, 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- has still not been decided by the respondents/competent authority. Feeling aggrieved petitioner has filed this writ petition for the grant of following substantive relief:- “a) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to grant one annual increment on the last day of service w.e.f. 01.07.2022. b) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to decide representation preferred by the petitioner as contained in Annexure P-2.” 3. The above relief has been prayed on the strength of law laid down by the Hon’ble Apex Court in the Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.1, wherein it was held that an employee is entitled to the annual increment, which he earned on the last date of his service for rendering services preceding one year from the ` date of his retirement with good behaviour and efficiently. It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified further under an interim order passed in Union of India & Anr. vs. M. Siddaraj2 more particularly vis-a-vis its application to third parties. The order reads as under:- 1Civil Appeal No. 2471/2023 & SLP© No. 6185/2020 decided on 11.04.2023 2Miscellaneous Application Diary No. 2400/2024 in Special Leave Petition (C) No.4722/2021 order dated 06.09.2024 -3- “It is stated that the Review Petition in Diary No. 36418/2024 filed by the Union of India is pending. The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned. We are informed that a large number of fresh writ petitions have been filed. To prevent any further litigation and confusion, by of an interim order we direct that: (a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid. (b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. (c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate preferred, court. (d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed. This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d). Re-list in the week commencing 04.11.2024.” -4- In the above extracted order, direction has, inter alia, been issued that the judgment dated 11.04.2023 passed in Director (Admn. and HR) KPTCL & Ors.1 will be given effect to in case of third parties from the date of the judgment; that pension will be paid by taking into account one increment on or after 01.05.2023 and enhanced pension for the period prior to 31.04.2023 will not be paid. In view of above, this writ petition is disposed of by directing the respondents to consider the aforesaid representation of the petitioner in light of the judgment dated 11.04.2023 passed by the Hon’ble Apex Court in Director (Admn. and HR) KPTCL & Ors.1 read with the directions issued in the order dated 06.09.2024 passed in Union of India & Anr. vs. M. Siddaraj2. This exercise shall be completed within six weeks. Copy of order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua 8th January, 2025 Judge (Pardeep)