Jammu, May 15: In Original Application No. 61/563/2025 titled Yasmeen Kousar, represented by Advocate Mr. F A Natnoo VERSUS 1. UT of Jammu & Kashmir Through Commissioner/Secretary to Government, School Education Department, & ors after hearing HON’BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER O R D E R E D as under:-
The present Original Application has been filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i. Allow this Original application of the applicant; ii. Direct the respondents to grant one annual increment which the applicant earned on 30-06-2021 i.e. one day prior to the actual date of accrual of the annual increment (01-07-2021) as per the Article-72 of J&K CSR and interpretation placed to similar provisions by the Hon'ble Supreme Court as well as various High Courts of the country and accordingly fix the pension and pensionary benefits of the applicant, with payment of arrears accruing therein;
Any other relief which this Hon'ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.”
2. At the outset learned counsel for the applicant submitted that the case of the applicant is squarely covered by the judgment passed by this Tribunal in Original Application bearing No. 710 of 2024, titled Smt. Shafqut Iqbal Mintoo Vs. UT of Jammu and Kashmir and Ors., decided on 04.04.2025.
3. Mr. Sudesh Magotra, ld. A.A.G. has filed reply on behalf of School Education Department wherein it has been averred that the applicant has attained superannuation from service on 30.06.2021 and her annual increment was due on 01.07.2021 i.e. a day after her retirement from the service when she was not Government Servant on that day she was pensioner as per rules and her pension case has been issued by the concerned A.G. Office. Office of Accountant General has also taken a similar stand in their reply stating that the said additional increment is not due to the applicant as she superannuated on 30.06.2021 and was not in service as on 01.07.2021.
4. Heard both the parties.
5. In the judgment dated 04.04.2025, relied upon by the applicant, following was observed: - :
“6. About the date of retirement and the actual date of accrual of the annual increment there is no dispute as both the parties have maintained a similar stand to that extent but so far as the grant of benefit of increment is concerned Mr. Natnoo in tune and line with the grounds set out in OA submits that in view of the settled legal position of law laid down under Article 72 of J&K CSR and similar provision interpreted by Hon'ble Supreme Court of India by judgment dated 11-04-2003 passed in case bearing Civil Appeal No. 2471 of 2003 titled as The Director (Adm and Hr) KPTCL Vs CP Mundinamani & Ors as well as the judgment passed by the Hon'ble High Court of Madras in WP No. 15732/2017 titled as P. Ayyamperumal Vs The Registrar Central Administrative Tribunal & Ors, the annual increment in favour of the applicant is to be counted from 30-06-2024.
It would be profitable to reproduce the relevant extracts of both these aforesaid judgments' as under- Observations of Hon'ble Apex Court in Civil Appeal No. 2471 of 2003- The Director (Adm and Hr) KPTCL Vs C. P Mundinamani & Ors:- "
7. In view of the above and for the reasons stated above, the Division Bench of High Court (Karnataka at Bengaloru) has rightly directed the appellant to grant one annual increment which the original writ petitioners earned on the last day of their service" for rendering their services proceeding one year from the date of retirement with good behavior and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court" Observations of Hon'ble High Court of Madras in WP No. 15732/2017: P. Ayyamperumal Vs The Registrar Central Administrative Tribunal & Ors":- "The Petitioner herein has completed one year full service as on 30-06-2013 but the increment fell due on 01-07-2013 on which date he was not in service.
In view of the above Judgment of this Court, naturally he has to be treated as having completed one full year of service though the date of increment fall on the next day of his retirement
Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent Tribunal dated 21-03-2017 is quashed.
The petitioner shall be given one notional increment for the period from 01-07- 2012 to 30-06-2013, as he has completed one full year of service, though his increment fells on 01-07-2013, for the purpose of pensionary benefits and not for any other purpose"
7. In view of the facts and circumstances of the case and the legal position as above, this OA is allowed, respondents are directed to grant one more annual increment to the applicant as on the date of her retirement and accordingly re-fix the pension/pensionary benefits and pay arrears if any to the applicant.”
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, it is deemed appropriate to dispose of the present Original Application with a direction to the respondents to process the case of the applicant in view of the judgment passed in OA No. 710 of 2024, for grant of benefit of last increment from the period w.e.f. 01.07.2020 to 30.06.2021 which was due to her one day after the retirement but that could not be released due to retirement.
The respondents shall pass a reasoned and speaking order after considering the case of the applicant.
7. The entire exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order. 8. With the above directions, the Original Application stands disposed of. No order as to costs.
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