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2025 DAILYLAW 20583 (ALL)

JITENDRA LAL SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS

WRIA/2179/2025 · 2025-04-06

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49888 Court No. - 4 Case :- WRIT - A No. - 2179 of 2025 Petitioner :- Jitendra Lal Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Kori Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. Petitioner before this Court, who retired from the establishment of the respondent on 30th June, 2011, is aggrieved for non conferment of benefit of annual (notional) increment which had become due on 1st July, 2011. 3. The submission advanced by learned counsel for the petitioner is that not only there are authorities of Supreme Court and High Court in respect of rights of retired employees to receive annual/ notional increment on 1st July and 1st January of the calendar year even though they retired on a previous date, but even the State Government also has issued a Government Order in the above regard on 14.09.2021 directing for payment of annual increment to all such employees. 4. Learned counsel appearing for the respondent Corporation does not dispute the legal position as discussed above. 5. Having heard learned counsel for the respective parties and having perused the records, I find that there is a Government order in respect of grant of benefit of notional increment issued by the State Government on 14th September, 2021 . 6. In view of the above Government order dated 14th September, 2021, I find that the petitioner is entitled to get the benefit of one notional increment in his service period. 7. Accordingly, writ petition succeeds and is allowed. 8. The respondent concerned is directed to consider the application of the petitioner dated 16.01.2025 and pass appropriate order in the light of the authorities of Supreme Court and High Court as well as the Government order dated 14th September, 2021 within a period of three weeks from the date of presentation of certified copy of this order. Order Date :- 7.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad