Court rules in favour of employees trained in computers, mandates arrears and revised pension payments.
In a significant decision, the Madhya Pradesh High Court has ruled in favour of employees who underwent computer training between February 6, 2006, and September 26, 2014, affirming their entitlement to one advance increment as initially provided under a 2006 circular. This judgment comes as a relief to many retired employees who had been denied this benefit following the annulment of the 2006 circular in 2014.
The judgment was delivered by a division bench comprising Justices Vivek Rusia and Pradeep Mittal, who consolidated multiple writ petitions and a contempt petition due to the similarity of issues involved. The case primarily revolved around the entitlement of the advance increment for employees who had completed the requisite computer training during the specified period.
The petitioners, including Rakesh Verma, argued that they had undergone the mandated computer training, which was certified by the Principal and District Judge, entitling them to the advance increment. However, the General Administration Department had annulled the original circular in 2014, leading to a denial of this benefit to employees post-annulment. The Finance Department further supported this position in 2020, creating a cut-off date for eligibility.
The court, however, found that the withdrawal of the circular could not negate rights that had already accrued under it. The bench emphasized that those who completed training before the annulment were entitled to the increment, as the circular was valid during that period. This decision aligns with a previous judgment by a coordinate bench in 2016, which had granted similar relief.
The court ordered the State to grant the advance increment to eligible petitioners and pay arrears of salary and pension. Additionally, for the retired petitioners, their Pension Payment Orders (PPOs) must be revised to reflect the increment.
This ruling underscores the judiciary's stance on protecting accrued rights and provides a precedent for similar cases involving retrospective annulment of benefits. The decision will impact numerous employees who had been in limbo regarding their entitlements following the state's policy reversal.
Bottom Line:
Advance increment - Employees who underwent computer training between 06.02.2006 and 26.09.2014 are entitled to the benefit of one advance increment as per the circular dated 06.02.2006, despite its subsequent annulment. The accrued rights cannot be deprived, and arrears of salary and pension to be paid to retired employees.
Statutory provision(s): Service Law, Advance Increment, Pension Payment Orders (PPOs), General Administration Department Circulars dated 06.02.2006 and 26.09.2014.
