IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8199 of 2021 Decided on: 9.04.2025 Karam Chand …Petitioner Versus The State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Sandeep Sharma, Judge. Whether approved for reporting?1 For the petitioner: Mr. P.P. Chauhan, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. Sandeep Sharma Judge(oral) Being aggrieved and dissatisfied with order dated 5.4.2021, issued under the signature of Joint Director (Education), whereby representation having been filed by the petitioner for grant of annual increment, which had accrued one day after his retirement came to be rejected, petitioner has approached this Court in the instant proceedings, praying therein for following reliefs: “(a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 05.08.2021 being Annexure P-5 of the writ petition, as unconstitutional and illegal and contrary to the law; (b) To issue a writ of mandamus, appropriate writ, order or direction in the nature thereof, directing the respondent 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 department to grant increment to the petitioner falling due w.e.f. 01.01.2019 and thereafter re-fix the pay of the petitioner for the purpose of working out pensionary benefits with all consequential benefits for all purposes and intents and then pay the arrear alongwith interest thereon @18%pa.” 2. Though pursuant to notice issued in the instant proceedings, respondents have filed reply, thereby justifying their impugned action, but parties are not in dispute that issue sought to be raised in the instant proceedings, already stands adjudicated by this court on 3.3.2025 in CWP No. 2005/2023, titled Sanjeev Sood v. State of Himachal Pradesh and Ors, wherein petitioner in that case has been held entitled to increment, which had accrued to him after one day of his retirement. 3. The afore reliefs have been prayed on the strength of law laid down by the Hon’ble Apex Court in Civil Appeal No. 2471/2023 & SLP(C) No. 6185/2020, titled as Director (Admn. and HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. decided on 11.04.2023, 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. 4. It is not in dispute that the aforesaid order passed by the Hon’ble Apex Court was clarified under an interim order dated 6.9.2024, passed in Miscellaneous Application Diary No. 2400/2024 in Special Leave Petition (C) No. 4722/2021 titled as 3 Union of India & Anr. vs. M. Siddaraj, more particularly vis-a-vis its application to third parties. The order reads as under:- “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.” In the above extracted order, direction has inter-alia been issued that the judgment passed in C.P. Mundinamani, will be given effect to in case of third parties from the date of the judgment, that is pension will be paid by taking into account one increment on 4 or after 01.05.2023 and enhanced pension for the period prior to 31.04.2023 will not be paid. 5. The petitioner has also placed on record office memorandum dated 14.10.2024 issued by Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India, issuing instructions in compliance to afore- extracted interim order dated 06.09.2024 passed by the Hon’ble Apex Court. Relevant paras from the office memorandum reads as under:- “7. The matter has been examined in consultation with D/o Expenditure and D/o Legal Affairs. It Is advised that in pursuance of the Order dated 06.09.2024 of the Hon'ble Supreme Court referred above, action may be taken to allow the increment on 1st July/1st January to the Central Government employees who retired/are retiring a day before it became due l.e. on 30th June/31st December and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them. As specifically mentioned in the Orders of the Hon'ble Supreme Court, grant of the notional increment on 1st January/1st July shall be reckoned only for the purpose of calculating the pension admissible and not for the purpose of calculation of other pensionary benefits. 8. It may also be noted that these instructions are being issued in compliance of the Interim Orders dated 06.09.2024 of the Hon'ble Supreme Court In MA Dy. No.2400/2024 without prejudice to the legal stand of the Union of India in the matter and without prejudice to any change of law in this regard. Further, the action taken shall be subject to the final outcome of the Review Petition (Dy. No.36418/2024) pending before the Hon'ble Supreme Court which is expected to be heard by the Apex Court in the week commencing 04.11.2024. 9. This issues with the concurrence of D/o Expenditure vide their Dy. No. 08-09/2019-E.III.A(Vol.III) (3969602) dated 08.10.2024 and D/o Legal Affairs vide Computer No. E 128445 dated 30.09.2024.” It has further been jointly submitted by learned counsel for the parties that Miscellaneous Application Diary. No.2400/2024 5 filed in Special Leave Petition (Civil) No. 4722/2021 now stands dismissed on 20.02.2025. 6. Consequently, in view of the above, this writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for grant of notional increment and pension/revised pension in light of C.P. Mundinamani as well as order dated 06.09.2024 passed in M. Siddaraj (supra), within six weeks. Needless to say, authority concerned while doing the needful, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon. Pending miscellaneous application(s), if any, shall also stand disposed of. (Sandeep Sharma) Judge April 9, 2025 manjit