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Judgment
S.N. Terdal, J
Heard Mr.Suraj Rathi, counsel for applicant and Mr.Vijay Kumar Pandita counsel for respondents, perused the pleadings and all the documents produced by both the parties.
In the OA, the applicant has prayed for the following reliefs:
"(i) Kindly set aside/quash the order dated 25.05.15 issued by DCP Crime (Headquarters), Delhi;
(ii) Kindly grant/release yearly/annual increments as admissible during suspension period to the applicant w.e.f. 1997 to 2011 and order for calculation of total arrears of the suspension period due to the applicant and its disbursement;
(iii) Kindly direct the Respondent No.1 and 2 to decide the representation afresh in view of the law laid down by this Hon'ble Tribunal in A.K.Jain versus Govt. of NCT of Delhi O.A No.4158/2012;
(iv) Kindly direct the Respondent No.1 and Respondent No.2 to withdraw their letter Annexure-A vide no.1055316/2014-Estt. Dated 20.01.2015 and No. 14014/196/2014-UTP dated 19.03.2015 Ministry of Home Affairs (UTP Section), Government of India, New Delhi circulated to various Districts and Units of Delhi Police vide dated 25.05.2015 with a general circular directing to all concerned to deal with similarly situated cases on the basis of opinion/clarification contained in the above noted letters;
(v) Any other relief which may deem fit and proper be passed in the interest of justice."
The relevant facts of the case are that the applicant was placed under suspension w.e.f.31.03.1997 and was dismissed from service under the relevant rules w.e.f. 26.07.2011.
The counsel for the applicant vehemently submitted that even though the applicant is kept under suspension, he is entitled to the grant of annual increment and the respondents have not granted him annual increment during the period of suspension until the date of dismissal. In support of his claim the applicant has placed reliance on the following judgments:
"(1) Union of India Vs. P.C.Mishra and Ors. ( W.P.( C) No.3042/2009 dated 15.02.2010)
(2) Delhi Development Authority Vs. S.C.Gautam ( W.P (C) No. 7303 dated 12.03.2012)
(3) A.K.Jain Vs Govt. of NCT of Delhi (OA No.4158/2012 dated 17.04.2013)
(4) Kartar Singh Vs. Union of India (OA No.434/2011 dated 30.11.2011)
(5) Dilip Wagheshwari Vs. UOI & Ors (OA No.2901/2015 dated 1.12.2017)
The respondents in their written statement have categorically stated that the applicant was remanded to jail in a criminal case and he was convicted by the Trial Court and the conviction was upheld ultimately by the Hon'ble Supreme Court. They have further submitted that there is no provision to grant annual increment for the period of suspension to an employee who remained in jail and is still in jail serving the life imprisonment.
In all the cases, referred to above by the applicant the respective Courts considered and held that an employee who is under suspension is entitled to grant of annual increments. But, however, in this case as the applicant is in jail from the date of suspension and is still in jail undergoing life imprisonment passed in a criminal case. In view of these facts, we are of the opinion that applicant is not entitled for grant of annual increments. As such the OA is devoid of merit.
Accordingly, the OA is dismissed. No order as to costs.