CW3411/2004 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3411/2004 Munna Lal Jain Vs. State of Rajasthan and Another Date of Order ::: 24.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri C.P. Sharma, Counsel for petitioner Shri Hari Bareth, Deputy Government Counsel for respondents #### By the Court:- Sole prayer made by petitioner in present writ petition is that he should be held entitled to benefit of two grade increments which were withheld by penalty order dated 16.08.1996 for a period of two years without cumulative effect. On his retirement on 31.03.1999 respondents have denied him retiral benefits adding those two grade increments in his basic pay because by the time he retired there was difference of period of one day was still left when two grade increments were to be restored. What is submitted is that grade increments which were due on 01.04.1997 and 01.04.1998 were withheld which were to be restored on 01.04.1999 whereas petitioner stood retired on 31.03.1999. Learned counsel, in support of his argument, cited judgment of this court in Nawal Singh Verma Vs. State of Rajasthan and Others – 2009 WLC (Rajasthan) UC 140. CW3411/2004 // 2 // Learned Deputy Government Counsel opposed writ petition and submitted that petitioner should not be held entitled to benefit of those withheld two grade increments at the time of his retirement but he could not justify non-grant of retiral benefits adding withheld two grade increments. In result this writ petition is allowed. Respondents are directed to give benefit of two grade increments on notional basis on the date of his retirement and on that basis to calculate his retiral benefits and pension, gratuity, leave encashment etc. Petitioner shall be entitled with consequential benefits at rate of 6% per annum. Compliance of the judgment be made within a period of three months from date its copy is produced before respondents. (Mohammad Rafiq) J. //Jaiman//