An employee who has earned the annual increment is entitled for it despite the fact that he retired on the very next day of earning the increment: Supreme Court
Today, the Supreme Court of India heard the case seeking an answer to the question, “Whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on the very next day of earning the increment?” The bench of Justice CT Ravikumar and Justice MR Shah stated that “The moment a government servant has rendered service for a specified period with good conduct, in a time scale, he is entitled to the annual increment.” In other words, it can be determined that an individual earned the annual increment for rendering the specified period of service with good conduct. The Supreme Court also stated that “He is entitled to the benefit of the annual increment on the eventuality of having served for a specified period (one year) with good conduct efficiently.” The bench also highlighted that the increment can only be stopped or withheld by the way of punishment or in case the person had not performed the duty efficiently. The top Court further stated that any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided. Moreover, the word “accrue” should be understood liberally and would mean payable on a succeeding day.
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In this case, the appellants were denied the annual increment on the ground that the day on which the increment accrued to the respective employees. The original writ petitioners were not in service and the writ petition(s) filed by them claiming the annual increment came to be dismissed by the learned Single Judge. The Division Bench of the High Court allowed the appeal and directed that the appellants, grant one annual increment to the respective employees-respondents by observing that the respective employees as such earned the increment for rendering their one-year service prior to their retirement. Feeling aggrieved and dissatisfied with the order passed by Karnataka High Court, the matter was presented before the Supreme Court.
The Supreme Court stated that “Any contrary view would lead to arbitrariness and unreasonableness and denying a government servant legitimate one annual increment though he is entitled to for rendering the services over a year with good behavior and efficiently and therefore, such a narrow interpretation should be avoided. The bench also applauded that “the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently. After hearing the contentions regarding the case, the top Court dismissed the appeal.
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