High Court Of ChhattisgarhWPS/70/2020disposed off

Subhash Chandra Sharma v. State Of Chhattisgarh

2020-01-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 70 of 2020 • Subhash Chandra Sharma S/o Shri Devi Prasad Sharma Aged About 64 Years Retired Assistant Grade-2 Office Of Sub Division Agriculture Officer Korba Presently Residence At Bajrang Chowk Naila Janjgir District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Agriculture Department Mahanadi Bhawan Atal Nager New Raipur, Chhattisgarh

2. The Sub Division Agriculture Officer Korba, District Korba, Chhattisgarh

3. The Accountant General Chhattisgarh Raipur, Chhattisgarh

4. The Joint Director Treasury Accounts And Pension Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Anil Mourya, Advocate For Respondents/State :

Shri Kunal Das, PL For Respondent No.3 :

Shri Ashwani Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/01/20

1. The grievance of the petitioner in the present petition is for grant of benefit of one annual increment while fixing pension and other retiral dues payable to the petitioner.

2. According to the learned counsel for the petitioner, the petitioner retired from service on 30.06.2017. Since the petitioner retired from service w.e.f. 30.06.2017, he would be entitled for the annual increment that would be

payable to him for the period between 1st of June, 2016 to 30th of June, 2017 as the date of annual increment payable to the petitioner is first of July. Therefore, according to the counsel for the petitioner, while quantifying pension and other retiral dues, the annual increment which the petitioner became entitled for having worked till 30.06.2017 has to be added to the last pay and other allowances also.

3. Learned State counsel do not dispute the fact brought to the notice of the Court by the petitioner.

4. Given the said facts and circumstances of the case, let the respondents consider the case of the petitioner for grant of one annual increment to the last salary which the petitioner has received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioner, the respondents shall take into consideration the judgment of the Division Bench of Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal decided on 15.09.2017 in W.P.No.15732 of 2017.

5. With the aforesaid direction, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu