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Patna High Court

IndiaversusPrahlad Roy

Decided
Disposal
DISPOSED

Holding

A retired government employee is entitled to the notional annual increment earned on the last day of service, and the pension must be recomputed to include that increment.

Summary

The Union of India filed a writ petition challenging a Central Administrative Tribunal order that denied a retired postal assistant, Prahlad Roy, a notional annual increment because he retired one day before the increment's effective date. The petition argued that Supreme Court precedents entitle a government servant to the increment earned on the last day of service. The Court examined the decisions in Director (Administration and Human Resources) KPTCL & Others v. C.P. Mundinamani (2023) 14 SCC 411 and Union of India & Another v. M. Siddaraj (2025) which affirm the right to such increments. Relying on these authorities, the Court held that the respondent must receive the increment and the pension should be recalculated accordingly. The parties agreed, and the writ petition was disposed with directions to issue a revised pension order within four weeks.

Issues considered

  • Whether a government servant who retires one day before the scheduled date of an annual increment is entitled to that increment.
  • Whether the pension order must be recomputed to include the notional increment as per Supreme Court precedents.
  • Whether the Supreme Court judgments constitute res judicata against the CAT order.

Subjects

  • annual increment
  • pension
  • superannuation
  • government servant
  • Central Administrative Tribunal
  • Supreme Court precedent
  • notional increment
  • writ petition

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11298 of 2025
     ======================================================
1.    The Union of India through Secretary, Department of Posts, Dak Bhawan,
      New Delhi-110001.
2.   The Chief Postmaster General, Bihar, Patna-800001.
3.   The General Manager (Finance) Postal Accounts, GPO Campus, Patna-
     800001.
4.   The Accounts Officer (Pension Section) GM Finance PAO Patna, GPO-
     800001.
5.   The Divisional Supdt. Posts, Begusarai-851101.

                                                                  ... ... Petitioner/s
                                       Versus

     Prahlad Roy S/o Late Madan Roya, Postal Assistant (Rtd), Begusarai HO,
     Resident of Village and PO-Chandaur, Via-Teghra, Distt-Begusarai-851133.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Satyabir Bharti, Sr. Advocate
                                  Mrs. Shally Kumari, Advocate
     For the Respondent/s   :     Mr. Uma Kant Mishra, Advocate
                                  Mr.Om Prakash Singh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date : 06-01-2026

               The present writ petition has been filed against the order

      dated 09.08.2024 passed by the learned Central Administrative

      Tribunal, Patna Bench, Patna in O.A. No. 050/00813/2023

      whereby and whereunder the petitioners herein have been

      directed to grant benefit of annual increment to the sole

      respondent which was to be added with effect from 1st of July of

      the said year when the sole respondent stood retired apart from
Patna High Court CWJC No.11298 of 2025 dt.06-01-2026
                                           2/6




         the petitioners being directed to recalculate the benefit of retiral

         benefits and issue fresh pension order in favour of the sole

         respondent.

         2.       We find from the records that the issue involved in the

         present writ petition is that undisputedly the sole respondent

         stood superannuated on 30.06.2018 and though one annual

         increment was due to him on 01.07.2018, however having

         superannuated one day before the date of grant of annual

         increment, the benefit of grant of one notional increment was

         denied to the respondent.

         3.       At the outset, the learned counsels for the parties have

         referred to the settled principle of law by relying on a judgment

         rendered by the Hon’ble Apex Court in the case of The Director

         (Administration and Human Resources) KPTCL and Others

         vs. C.P. Mundinamani and Others, reported in (2023) 14 SCC

         411, wherein it has been held that merely because the

         government servant retired on the very next day, the same

         cannot be a ground to deny him benefit of annual increment and

         in such cases, the government employee is entitled to grant of

         one annual increment which he had earned on the last day of his

         service for rendering his services preceding one year from the

         date of retirement with good behaviour and efficiency.
Patna High Court CWJC No.11298 of 2025 dt.06-01-2026
                                           3/6




         4.      The learned counsel for the petitioners has next referred

         to an order dated 20.02.2025, passed by the Hon’ble Apex Court

         in the case of Union of India and Another vs. M. Siddaraj, in

         Miscellaneous Application Diary No. 2400 of 2024 in Civil

         Appeal No. 3933 of 2023 and other analogous cases to submit

         that the aforesaid judgment dated 11.04.2023 had though been

         modified a bit, nonetheless the sole respondent would be

         entitled to one increment which shall be payable on and after

         01.05.2023. The relevant portion of the said order dated

         20.02.2025 reads as under :-

                                  “We had passed the following interim order
                           dated 06.09.2024, the operative portion of which
                           reads as under:
                                                 "(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
Patna High Court CWJC No.11298 of 2025 dt.06-01-2026
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                                        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."
                                                  We are inclined to dispose of the
                                        present        miscellaneous       applications
                                        directing that Clauses (a), (b) and (c) of
                                        the order dated 06.09.2024 will be
                                        treated as final directions. We are,
                                        however, of the opinion that clause (d) of
                                        the order dated 06.09.2024 requires
                                        modification which shall now read as
                                        under:
                                                  "(d) In case any retired employee
                                        filed          an          application        for
                                        intervention/impleadment/writ
                                        petition/original application before the
                                        Central Administrative Tribunal/High
                                        Courts/this Court, the enhanced pension.
                                        by including one increment will be
Patna High Court CWJC No.11298 of 2025 dt.06-01-2026
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                                        payable for the period of three years
                                        prior to the month in which the
                                        application           for        intervention/
                                        impleadment/writ         petition/   original
                                        application was filed."
                                                    Further, clause (d) will not apply
                                        to the retired government employee who
                                        filed a writ petition/original application
                                        or an application for intervention before
                                        the            Central         Administrative
                                        Tribunal/High Courts/this Court after
                                        the judgment in "Union of India & Anr.
                                        v. M. Siddaraj", as in such cases, clause
                                        (a) will apply.
                                                    Recording the aforesaid, the
                                        miscellaneous applications are disposed
                                        of.
                                                    We, further, clarify that in case
                                        any excess payment has already been
                                        made, including arrears, such amount
                                        paid will not be recovered.”


         5.       At this juncture, the learned counsel for the petitioners

         has submitted that the revised pension payment order has

         already been issued, whereafter the arrears have also stood paid

         with effect from 01.05.2023, to the respondent, however as far

         as computation of the revised retiral benefits are concerned, the

         same would be done in accordance with the aforesaid judgment

         dated 11.04.2023, passed in the case of C.P. Mundinamani
             Patna High Court CWJC No.11298 of 2025 dt.06-01-2026
                                                        6/6




                      (supra) read with the order dated 20.02.2025, rendered in the

                      case of M. Siddaraj (supra), within a period of four weeks from

                      today.

                      6.       Accordingly, the present writ petition stands disposed of

                      on the aforesaid terms with the agreement of the parties.




                                              (Mohit Kumar Shah, J)


                                              (Alok Kumar Pandey, J)

S.Sb/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          06.01.2026
Transmission Date       N/A


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