CIVIL WRIT JURISDICTION CASE NO.7985 OF 2005 ****** In the matter of an application under Article 226 of the Constitution of India. ****** 1. THE UNION OF INDIA, through the Secretary cum D.G., Department of Posts, New Delhi. 2. The Chief Postmaster General, Bihar Circle, Patna. 3. The Postmaster General, Northern Region, Muzaffarpur. 4. The Director Accounts (P) Exhibition Road, Patna. 5. The Superintendent, R.M.S. ‘U’ Dn, Muzaffarpur. .... Petitioners. Versus 1. The Central Administrative Tribunal, Patna Bench, Patna, through its Registrar. 2. Munshi Lal Sinha, son of late Deowan Singh, resident of village Bhattha, P.S. Maker, district Saran, retired from the post of Superintendent of Post Offices. 3. Sheo Layak Singh, village Naini, P.S. Chapra Mufassil, district Saran, retired from the post of Sorting Assistant, RMS U Dn Chapra. 4. Ram Deo Sharma, retired Sorting Assistant, RMS U Dn, Chapra. 5. Shree Ram Ojha, retired Sorting Assistant, RMS U Dn., Chapra. 6. Sheo Lal Choudhary (deceased) Retd. Sorting Asstt. RMS U Dn, Chapra. 6(i) Smt. Saraswati Devi, widow of deceased respondent no.6 6(ii) Sri Dilip Kumar Chaudhary 6(iii) Sri Sumit Kumar Chaudhary 6(iv) Ram Chandra Pd. Chaudhary All are sons of deceased respondent no.6. 6(v) Rita Kumari, daughter of deceased respondent no.6. All residents of village- Gudri Road, Shyam Chak, Ward No.2, P.S. Bhagwan Bazar, Dist.- Chapra (Saran). 7. Awadh Nath Prasad, retired Sorting Assistant, RMS U Division, Chapra. 8. Bansi Ram, retired Sorting Assistant, RMS U Dn., Chapra. 9. Basudeo Dwivedi, retired Sorting Assistant RMS U Dn, Chapra. 10. Bharat Prasad Sinha, retired Sorting Assistant, RMS U Dn., Chapra. 11. Phulena Baitha, Retired Sorting Assistant, RMS U Dn., Chapra. 12. Ram Ayodhya Giri, reitred Sorting Assistant, RMS U Dn, Chapra. 13. Shiva Muni Rawat, retired Sr. Superintendent of Post Offices, Dhanbad at present residing at Naya Tola, Chapra. 2 14. Chandrika Singh, Ex. Post Master. 15. Jai Nandan Ram, Ex. Postal Assistant Chapra, H.O. 16. Syed Imdad Imam, Ex. Postal Assistant, Chapra H.O. 17. Shesh Narayan Singh, Ex. Post Master, HSGI. .... Respondents ****** For the Petitioners: Mr. Vinay Kumar Pandey, Central Government Counsel For the Respondent: N o n e. ****** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ****** S K Katriar & Kishore K. Mandal, JJ. This writ petition is directed against the order dated 4.11.2004 (Annexure-5), passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No.188 of 2003 (Munshi Lal Sinha and others Vs. the Union of India and others), whereby the Tribunal has allowed the same and has granted to the original applicants the benefit of increment which they had earned till the date of their service. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. All the original applicants were employees of the Union of India, in the Department of Post and Telegraph. All of them superannuated with effect from 31st January of their respective years. They claimed the benefit of grant of annual increment which they had earned for being in service up 3 to 31st of January of their respective years which were denied to them leading to the original application which has been allowed. 3. We have perused the materials on record and considered the submissions of learned counsel for the petitioners. It appears to us that this case is really covered by sub-rule (2) of rule-26 of the Fundamental Rules which provides that the increment falling due to an employee till the date of his retirement can be granted only if he is in service on the following day. In other words, in the present case, in order that the increments could be granted to the employees, they must have been in service on 1st of February. On the contrary, the position is that they had superannuated in the afternoon of 31st of January of their respective years which disentitled them from the increment. We, therefore, disagree with the order of the learned Tribunal and is accordingly set aside. 4. In the result, this writ petition is allowed and the impugned order dated 4.11.2004 (Annexure-5), passed in O.A. No.188 of 2003, is hereby set aside. (S K Katriar, J.) (Kishore K. Mandal, J.) Patna High Court, Patna Dated the 18th day of March, 2010. S.K.Pathak/ (NAFR)