HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14417 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Pratyush Srivastava learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner, who has retired from the respondent establishment on 31st December is seeking benefit of annual increment which became due on 1st January following the date of retirement, on the ground that petitioners having rendered complete one year service, were entitled to annual increment in the light of the judgment of Supreme Court in the case of Director (Administration and HR) KPTCL and others v. C.P. Mundinamani and others passed in Civil Appeal No.- 2471 of 2023 decided on 11th April, 2023 and subsequent judgment of this Court following the principles of law laid down by the Supreme Court. 3. Learned counsel for the petitioner has also placed reliance upon the Government order issued in above regard by the State Government on 12th June, 2024, which provided that whoever retired after 1st June, 2006 would be entitled to annual increment upon attaining the age of superannuation on 30th June or 31st December as the case may be. 4. Learned Standing Counsel for the State respondents has argued that Government order dated 12th June, 2024 has been given prospective effect i.e. from the date of its issuance. They have further argued that on 6th September, 2024 Supreme Court has further clarified its earlier order in misc. application being Special Leave Petition No.- 4722 of 2021, according to which, a third party would be entitled to the said benefit with effect from 1st May, 2023 and would not be entitled to any enhanced pension for the period prior to 31st April, 23 except in cases where writ petition has been filed earlier and has remained pending. 5. Thus, according to him the petitioner would be entitled to benefit in terms of arrears Versus Counsel for Petitioner(s) : Akhilesh Kumar Tripathi, Atipriya Gautam, Pratyush Srivastava, Sr. Advocate Counsel for Respondent(s) : C.S.C. Jagpal Singh .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) 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 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." 6. Learned counsel for the petitioner could not dispute the above legal position. 7. In view of the above, this petition deserves to be disposed and accordingly the concerned respondent is directed to pass appropriate orders in the light of the order of Supreme Court as quoted above giving benefit of annual increment to petitioner and WRIA No. 14417 of 2025 2 accordingly commutation of pension be done by giving notional benefits in the event there is no legal impediment. 8. The computation of all dues shall be done within a maximum period of two months from the date of production of certified copy of this order and thereafter papers shall be forwarded within a further period of two weeks to the Directorate of Pension, Lucknow for giving revised pensionary benefits to the petitioners. 9. With the aforesaid observations and directions, this petition stands disposed of. September 23, 2025 Sanjeev WRIA No. 14417 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad