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Judgment
Heard learned counsel for the parties.
The appellants of D.B. Civil Special Appeal(W) No.657/2017 had filed a writ petition pleading that in terms of a VRS Scheme notified on
27.01.2004 they took voluntary retirement with effect from 13.02.2004 and were retired from service in the afternoon of 13.02.2004. They pleaded
that the State of Rajasthan issued an order on 06.10.2003 increasing the dearness allowance with effect from 01.07.2003 from 55% to 59%. They
pleaded that the appellants of D.B. Civil Special Appeal(W) No.452/2017 i.e. the employer issued an order on 27.03.2004 increasing the dearness
allowance but excluded those who had retired. They further pleaded that thereafter the State Government issued an order on 16.06.2004 further
increasing the dearness allowance from 59% to 61% with effect from 01.01.2004.
The grievance therefore was that since they served till 13.02.2004 the benefit of the increase in dearness allowance should be granted to them.
Second relief prayed for was that since salary had to be paid for the whole month, notwithstanding they having superannuated on 13.02.2004, salary
should be paid for the entire month.
Vide impugned judgment dated 31.01.2017 the learned Single Judge has held that the increase in dearness allowance pertained to a period when the
writ petitioners were serving and did not have any impact on the monetary compensation paid as a result of the writ petitioners being voluntarily retired
under the VRS scheme. The increased dearness allowance was required to be paid.
There is no discussion in the impugned judgment regarding claim for salary for the period 14.02.2004 to 29.02.2004.
This explains two appeals before us.
As regards D.B. Civil Special Appeal(W) No.657/2017, suffice it to state that if superannuation takes place mid month, salary has to be paid only till
mid month. There is no principle of law that salary has to be paid for the entire month.
Thus, D.B. Civil Special Appeal(W) No.657/2017 is dismissed.
As regards D.B. Civil Special Appeal(W) No.452/2017, the decision reported as AIR 2006 SC 1420, HEC Voluntary Retd. Emps. Welfare Soc. &
Anr. Vs. Heavy Engineering Corporation Ltd. & Ors., would require the appeal to be allowed. It was a case where the employees took voluntary
retirement between 01.01.1992 and 31.12.1996. There was revision of pay scale with retrospective effect between the period in question however
benefit was accorded only to those employees who were on the rolls of the company. The Supreme Court held that once cessation of service has
taken place the employees could not claim benefit of revision in wages although it pertained to a period when they were working.
As a consequence we allow D.B. Civil Special Appeal(W) No.452/2017 and set aside the impugned order dated 31.01.2017.