Court No. - 38
Case :- WRIT - A No. - 14832 of 2019 Petitioner :- Om Prakash Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandan Sharma,Bijai Shankar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a pensioner. He has attained the age of superannuation on 30th June, 2019. Petitioner's grievance is that increment to which petitioner is entitled has not been extended so far. Reliance is placed upon a judgment of the Madras High Court dated 15.9.2017 passed in Writ Petition No.15732 of 2017 (P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others), against which a special leave petition filed before the Supreme Court has been rejected on 23rd July, 2018. It is stated that denial of annual increment to the petitioner, in the facts and circumstances, is wholly arbitrary. It is also urged that various representation made in that regard have not been bestowed any consideration and hence this writ petition.
Learned Standing Counsel states that grievance of petitioner would be examined, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.4 to accord consideration to petitioner's claim for grant of notional increment w.e.f. 1.7.2018 to 30.6.2019, keeping in view the law laid down in the matter, by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 27.9.2019 Anil