Neutral Citation No. - 2025:AHC:129457 Court No. - 4 Case :- WRIT - A No. - 10867 of 2025 Petitioner :- Gulab Chand Prasad And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Anand Kumar Pandey, learned counsel for the petitioner as well as learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, petitioners, who have attained the age of superannuation on different dates i.e. 30.06.2011, 30.06.2020, 30.06.2016 and 30.06.2014 want benefit of one additional increment which would have been paid to them on the next date i.e. 01.07.2011, 01.07.2020, 01.07.2016 and 01.07.2014 respectively, have approached this Court for a writ of mandamus to command respondents to confer this benefit upon them in the light various authorities of this Court and of Supreme Court. 3. It is contended that the controversy is no more res integra as the State Government has issued a Government Order on 14.09.2021. 4. Learned Standing Counsel submits that the Supreme Court has further modified its earlier order and has made the applicability of the benefit only with prospective date and not from the back date. 5. The petitioners have approached this Court in the matter of The Director (Administration and HR) KPTCL & Others v. C.P. Mundinamani and Others, Civil Appeal No. 2471 of 2023 originally decided on 11.04.2023 and modified/ clarified on 06.09.2024, reported in 2023 Live Law (SC) 296 and subsequent judgment of this Court following the principles of law laid down by the Supreme Court. . 6. Thus, according to him the petitioner would be entitled to benefit in terms of arrears of enhanced pension as a consequence to the conferment of benefit of annual increment only with effect from 1st May, 2023. For ready reference the order of Supreme Court dated 6th September, 2024 as incorporated in paragraph 6 of the short counter affidavit filed on behalf of the respondent Nos. 3, 4 and 5 is reproduced hereunder: "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 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." 7. Learned Standing Counsel could not dispute the above legal position. 8. In view of the above, this petition succeeds and is allowed. 9. In the given facts and circumstances of the case, I dispose of this petition with direction to the petitioners to make a representation before the competent authority within a period of four weeks from today along with the certified copy of this order for grant of annual increment pursuant to the latest judgment of Supreme Court as well as Government Order dated 14.09.2021 from today, and if they do so, the competent authority shall consider the claim of the petitioner and decide the same within a further period of six weeks 10. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 1.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad