HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 361 of 2020 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Shri Jagdish Singh Bundela, learned counsel for the writ petitioners, Shri Himkanya Srivastava, learned Standing Counsel for the State and Ms. Pooja Agrawal, learned counsel for the respondent nos. 2 and 3. 2. A joint statement has been by the respective counsel for the parties that they do not propose to file any further affidavit and the writ petition be decided on the basis of the documents available on record. With the consent of the parties, the writ petition is being decided at the fresh stage. 3. The case of the writ petitioners is that the writ petitioners, who are two in number stood retired as Stenographer and Sadar Munsariam on 30.06.2019 and the annual increment of the petitioners were due to be paid on 01.07.2019 for the services undergone on 01.07.2018 to 30.06.2019. The writ petitioners had staked their claim for grant of one notional increment with effect from 01.07.2018 to 30.06.2019 which came be turned down by the third respondent by virtue of the order dated 05.08.2019. 4. Questioning the said order, the present writ petition has been preferred. 5. Learned counsel for the writ petitioners has submitted that the consideration which weighed the third respondent in negating the claim of the writ petitioners cannot be sustained for the simple reason that the claim of the writ petitioners stands covered by the judgment of the Versus Counsel for Petitioner(s) : Jagdish Singh Bundela, Rampyare Lal Srivastava Counsel for Respondent(s) : Ashish Mishra, C.S.C. Vinod Kumar Saxena And Another .....Petitioner(s) State Of U P And 2 Others .....Respondent(s) Hon'ble Apex Court in Special Leave Petitioner (Civil) Diary No(s). 22283/2018 (Union of India and Ors. Vs. P. Ayyamperumal) dated 15.09.2017. He further submits that even in fact now a Government Order has been issued by the State Government according the said benefits on 12.06.2024 in that regard. He further submits that the third respondent is required to revisit the entire issue and to pass orders in that regard. 6. Learned Standing Counsel and Ms. Pooja Agrawal, on the other hand, submits that the matter needs to be revisited, particularly, in view of the judgment of the Hon'ble Apex Court in Union of India and Ors. Vs. P. Ayyamperumal (supra) as well as the Government Order dated 12.06.2024 as according to them, now, the said issue is no more res integra in that regard. They submit that the order be set aside and the matter be remitted back to the court below to pass a fresh order. 7. I have heard the submissions so made across the Bar and perused the record. 8. Apparently, the writ petitioners, who were the employees of the District Judgeship came to be superannuated on 30.06.2019 and they are claiming the benefits with effect from 01.07.2019. Reliance has been placed upon the judgment of the Hon'ble Apex Court as noted above as well as the Government Order dated 12.06.2024. Since, the Government Order dated 12.06.2024 and the law of the land is required to be taken into consideration in correct perspective, thus, as suggested by learned Standing Counsel and Ms. Pooja Agrawal, the order impugned should be set aside and the writ petition is being decided in the following terms: (a) The order dated 05.08.2019 passed by the third respondent, Complaint Disposal Committee, District Judge, Muzaffarnagar is set aside. (b) The matter stands remitted back to the competent authority to pass a fresh order. (c) For facilitation and early disposal, the writ petitioners shall submit said order alongwith a representation/ self attested copy of the writ petition and certified copy of this order by 30.10.2025. A decision may be taken, expeditiously, say within two months thereon. WRIA No. 361 of 2020 2 9. With the aforesaid observations, the writ petition stands disposed of. 10. The Government Order dated 12.06.2024 is taken on record and marked as appendix 'A'. October 9, 2025 A. V. Singh WRIA No. 361 of 2020 3 (Vikas Budhwar,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad