In a significant ruling for government employees, the Punjab and Haryana High Court has held that a retiree cannot be stripped of a rightfully earned annual increment simply because their superannuation falls a few hours or a day before the increment's due date. The court emphasized that a single day cannot negate an entire year of service.
Court Slams 'Hyper-Technical' Denial of Benefits
The bench of Justice Sandeep Moudgil passed this order while hearing a petition filed by Rajbir Singh, a retired Border Security Force (BSF) Inspector from Bhiwani, Haryana. Singh had a distinguished career, joining as a constable on September 5, 1979, and rising through the ranks to retire as an Inspector.
Despite completing a full and uninterrupted year of service from July 1, 2015, to June 30, 2016, the BSF authorities denied him the annual increment that was due on July 1, 2016. Their sole reasoning was that Singh superannuated on the afternoon of June 30, 2016, and was therefore not "on duty" when the increment became effective the next day.
Labeling the increment "a reward for service actually rendered," Justice Moudgil ruled that such earned benefits cannot be withheld based on "hyper-technical" reasoning that violates the constitutional guarantee of equality. The court found the denial to be arbitrary and illegal.
The Retiree's Fight and the Government's Stance
In his petition, Rajbir Singh argued that the denial of his annual increment was contrary to settled law. He maintained that having completed the full service year, he had acquired a vested right to the increment due on July 1. He was also denied the encashment of 316 days of earned leave and retirement Travel Allowance (TA) as per the 7th Central Pay Commission (CPC), which was applicable from January 1, 2016.
Opposing the plea, the Central Government contended that Singh had no legal right to the increment as he had retired a day before it was due. They argued that as per service rules, an increment cannot be granted after the cessation of service and that his pay had been duly verified and certified as correct by the accounts officer.
Court's Directive: Release Benefits Within Four Weeks
After considering arguments from both sides, the High Court firmly sided with the retiree. It directed the BSF to release all the revised benefits to Rajbir Singh. The order includes:
- The denied annual increment for the period 2015-2016.
- Encashment of his 316 days of earned leave.
- Retirement TA/DA as per the 7th CPC norms.
The court mandated that these benefits must be disbursed within four weeks of receiving the official order. This judgment sets a crucial precedent, protecting retirees from losing their hard-earned financial dues on minor technicalities related to their exact retirement date.
