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Judgment
Justice L. Narasimha Reddy:
In these two OAs, the issue is as to whether the employees who retired on 30th June or 31st December, as the case may be, are to be extended the benefit of increment which falls due on the 1st of July of the year or 1st January of the next year.
We heard Sh. Ajesh Luthra, learned counsel for the applicants and Sh. Sourabh Chadda, learned counsel for the respondent in OA No.289/2020 and Sh. Pradeep Kumar, learned counsel in OA No.3303/2019.
This very issue was dealt with by us in OA No. 776/2019 and batch decided on 15.07.2021. The operative para thereof reads as under:
“10.For the foregoing reasons, the OAs are allowed, directing that:
(a)for such of the employees, who retired on 30th June of any particular year, increment payable on 1st July shall be extended. Their pensions shall also be revised, subject to their fulfilling other conditions which are applicable. The arrears that become due shall be paid without interest;
(b)Similarly for employees, who retired on 31st December of a particular year, the increment payable on the 1st January of the next year shall be extended and pension revised, subject to same conditions in the same manner.
(c)While extending such benefits, a clause shall be incorporated to the effect that in case the Hon’ble Supreme takes a different view in the Civil Appeal arising out of SLP No. 4722/2021, they shall be under obligation to refund the entire benefit without any demur.
The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
Pending MAs shall also stand disposed of. There shall be no order as to costs.”
Following the same, we dispose of these OAs also. Pending MA shall also stand disposed of. There shall be no order as to costs.