Padamkant Joshi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1193 of 2020
1. Padamkant Joshi S/o Late Shri Narbada Prasad Joshi Aged About 66 Years Retired Head Master, Govt. Primary School, Sarwandewari, Vikashkhand Bilha, Niwasi- Budhamahadevroad Rajhapara Ratanpur, Police Station Ratanpur District Bilaspur, Chhattisgarh
2. Ramdin Vidhyarthi S/o Late Shri Anujram Aged About 66 Years Sevanivrita Pradhan Pathak, Shashkiya Prathmik Shala Junapara, Podi, Vikashkhand Kota, Niwasi- Budhamahadevpara, Ward Kramank 05, Ratanpur, Police Station Ratanpur, Jila Bilaspur, Chhattisgarh
3. Manik Lal Kashyap S/o Late Shri Chabilal Kashyap Aged About 66 Years Sevanivrita Pradhan Pathak, Shashkiya Prathmik Shala, Bedhiyapara, Vikashkhand Pali, Niwasi- Karaihapara, Ratanpur, Ward Kramank-13, Thana- Ratanpur, Jila- Bilaspur, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Secretary, Samanya Prashashan Vibhag, Shashkiya Karmachari Kalyan Shakha Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh
2. Secretary School Shiksha Vibhag, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh
3. Jila Shiksha Adhikari, Bilaspur District- Bilaspur, Chhattisgarh
4. Jila Shiksha Adhikari, Korba District- Korba, Chhattisgarh
5. Vikashkhand Shiksha Adhikari Vikashkhand Bilha, Jila- Bilaspur, Chhattisgarh
6. Vikashkhand Shiksha Adhikari Vikashkhand Kota, Jila- Bilaspur, Chhattisgarh
7. Vikashkhand Shiksha Adhikari Vikashkhand Pali, Jila Bilaspur, Chhattisgarh
8. Sambhagiya Sanyukt Sanchalak Kosh Lekha Avam Pension Bilaspur Sambhag, Jila- Bilaspur, Chhattisgarh ---- Respondents For Petitioner :
Shri Abdul Wahab Khan, Advocate For Respondents/ State :
Shri Ravish Verma, G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order On Board 09/03/2020
1. The grievance of the petitioners in the present writ petition is for grant of the benefit of one annual increment while fixing pension and other retiral dues payable to the petitioners.
2. According to the petitioners, the petitioners have retired from service on 30th of June, 2015. Since they have retired from service w.e.f. 30.06.2015, they would be entitled for the annual increment that would be payable to them for the period between 1st of June, 2014 to 30th of June, 2015 as the date of annual increment payable to the petitioners is 1st of July. Therefore, according to the counsel for the petitioners, while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30th June, 2015 has to be added to the last pay and other allowances also.
3. Given the said facts and circumstances of the case, let the respondents 1 to 3 consider the case of the petitioners for grant of one annual increment to the last salary which the petitioners have received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioners, 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 and others decided on 15.09.2017 in W. P. No. 15732 of 2017. The aforesaid exercise shall be carried out within an outer limit of six months from the date of receipt of a copy of this order.
4. With the aforesaid direction, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti