High Court · 2025

W.P.No.34519 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.09.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.No.34519 of 2025A.Vedamurthy ...PetitionerVs.M/s. State Express Transport Corporation,Rep. by its Managing Director,No.2, Pallavan Salai, Chennai – 600 002. ...Respondent Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to sanction one increment to the petitioner herein for the services rendered by the petitioner herein in the respondent corporation between 01.08.2024 to 31.07.2025 and pay the consequential benefits, by considering the representations of the petitioner dated 01.07.2025 and 26.08.2025.For Petitioner : Mr.D.Soundar RajFor Respondent: Mr.S.Sivasubramani, Standing Counsel1/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 2025ORDER This Writ petition has been filed seeking to direct the respondent to to sanction one increment to the petitioner for the services rendered by him in the respondent corporation between 01.08.2024 and 31.07.2025 and to pay the consequential benefits, by considering the petitioner's representations dated 01.07.2025 and 26.08.2025.2. Mr.S.Sivasubramani, learned Standing Counsel takes notice on behalf of the respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.3. When the matter is taken up for hearing, the learned counsel for the petitioner submits that, the issue involved in this Writ petition is no longer res integra and the similar issue has already been decided by a Co-ordinate bench of this Court in the case of R.Mani Vs. The Government of Tamil Nadu and anr. in W.P.No.32120 of 2023 decided on 24.04.2024. Learned counsel appearing on behalf of the respondent did not dispute the submission made by the learned counsel for the petitioner.2/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 20254. For better appreciation, the relevant portion of the said order dated 24.04.2024 made in W.P.No.32120 of 2023 is extracted hereunder:-“This is yet another case relating to the predicament of the persons who retire in the month of June.2. Increment in the Government service is granted on 1st July of every year, for the period already worked, i.e., from 1st July to 30th June of every year. In so far as the persons who are retiring in the month of June, they will retire on 30th June. Therefore, they complete the entire service period, for which the increment is granted, but the day on which the increment has to be granted i.e., on 1st July, they retire from service. Therefore, that increment is not granted. The said grievance has already come before this Court and it has been answered in favour of the employees. To quote, the Judgment of the Division Bench of this Court in W.A.No.15732 of 2007, dated 15.09.2017 has considered the very same issue and allowed the Writ Petition on the following terms. It is essential to extract paragraph No.7 of the said Judgment:“7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed 3/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 2025one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent ? Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.”3. Similar orders have been passed by the Hon'ble Supreme Court in Civil Appeal No.2471 of 2023 dated 11.04.2023 in the case of The Director (Admn and HR) KPTCL & Ors. Vs. C.P.Mundinamani and Ors.,. It is essential to extract paragraph No.7 of the said Judgment, which reads as follows:~“?7.In view of the above and for the reasons stated above, 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 behaviour and efficiently. We are in complete agreement with the view taken by the 4/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 2025Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismsised and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs.?”4. Further, the learned counsel for the petitioner also relied upon the other orders passed by this Court in W.P.(MD) No.15178 of 2020 and W.A.No.381 of 2024 etc.,. 5. The learned counsel for the respondents is not in a position to differentiate the case of the petitioner from other cases. 6. Therefore, it goes without saying that the petitioner is also entitled to one increment. Accordingly, this Writ Petition is disposed of on the following terms:~(i) The respondents are directed to grant one increment for the services of the petitioner rendered between 01.07.2021 to 30.06.2022 and consequentially calculate the last drawn pay and other consequential and terminal benefits;(ii) The petitioner will also be entitled to all the arrears, however without any interest;(iii) The respondents shall carry out the above exercise within a period of eight weeks from the date of receipt of a copy of this order.(iv) No costs.”5/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 20255. The aforesaid decision is squarely applicable to the facts of the present case. Accordingly, applying the ratio laid down in the above case, this Writ petition stands disposed of with a direction to the respondent to grant one increment for the services rendered by the petitioner between 01.08.2024 and 31.07.2025 and consequentially, calculate the last drawn pay and other consequential and terminal benefits, by considering the petitioner's representations dated 01.07.2025 and 26.08.2025. It is made clear that the petitioner will also be entitled to all the arrears, however without any interest. The respondent shall carry out the above exercise within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.17.09.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoTo:The Managing Director,State Express Transport Corporation,No.2, Pallavan Salai, Chennai – 600 002. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.34519 of 2025A.D.JAGADISH CHANDIRA, J.sktW.P.No.34519 of 202517.09.20257/7