(Judgment of the Court was made by HULUVADI G.RAMESH, J.) The State has filed this writ appeal, aggrieved by the order passed by the learned single Judge in the writ petition, on the ground that when the respondent/writ petitioner had retired from service on 30.6.2003, how he would be entitled for the increment declared on 1.7.2003. 2. Heard the learned Special Government Pleader for the appellants and the learned counsel for the respondent/writ petitioner.
3. By the impugned order, rejecting the contention of the Government, the learned single Judge has allowed the writ petition filed by the respondent herein considering the fact that although the writ petitioner voluntarily retired from service on 30.6.2003, he is entitled to the increment declared on 1.7.2003 for the services rendered by him in the previous year. In fact, the learned single Judge has indicated that “Admittedly, the increment declared on 1.7.2003 was in respect of the services rendered by the writ petitioner for the previous year and therefore he is entitled for the increment declared on 1.7.2003.” The learned single Judge has also referred to the judgment of a Division Bench of the Andhra Pradesh High Court in Union of India v. V.R.Malakondiah, 2002 (4) ALT 550, wherein it has been held that the employees are entitled for increment which was declared on the next day of their retirement date that too for the services rendered by them for the previous year.
4. In similar circumstances, this Court also in Writ Appeal No.1230 of 2016 dated 8.6.2017 (State of Tamil Nadu represented by the Secretary to Government and others v. N.Ramasamy) has taken a similar view that when it is not in dispute that the Government servant had rendered one year of service prior to his date of retirement either on superannuation or on voluntary retirement, then there is no question of denial of increment accrued to him for the services rendered by him in the previous year.
5. In that view of the matter, we do not find any merit in the appeal.
Accordingly, the writ appeal is dismissed confirming the order of the learned single Judge. Consequently, C.M.P.Nos.16478 & 16479 of 2016 are closed. No costs.
Index : yes (H.G.R.,J.) (G.J.,J.) 04.08.2017 ss To
1. The Secretary to Government Agriculture Department Fort St.George Chennai 600 009
2. The Commissioner of Agriculture Chepauk Chennai 600 005
3. The Joint Director of Agriculture Tiruvannamalai HULUVADI G.RAMESH, J.
AND G.JAYACHANDRAN, J.
ss W.A.No.1269 of 2016 04.08.2017