Shri Hirawan Das Patel v. The Asst. Commissioner Tribal Development

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1056 of 2020 • Shri Hirawan Das Patle S/o Late Shri Kanhayalal Patle Aged About 63 Years R/o Village Motimpur, Post Jarhagaon, Tahsil And District - Mungeli Chhattisgarh ---- Petitioner

Versus

1. The Asst. Commissioner Tribal Development Mungeli Tahsil And District - Mungeli Chhattisgarh

2. The Divisional Joint Director Fund, Account And Pension District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri M.L. Kaushik, Advocate For Respondents/State :

Ms. Beenu Sharma, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/02/20

1. The claim of the petitioner in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioner was entitled for on continuous working for one year before the date of retirement.

2. The case of the petitioner is that, the petitioner retired on 30.06.2019 and was entitled for the benefit of one increment from 1st July. According to counsel for the petitioner, the petitioner was entitled for the increment for the services rendered in the previous year and therefore has earned the said benefit and while granting pensionary benefits, that one increment which fell due on working for one year before the retirement in the previous year, should had

been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the counsel for the petitioner brought to the notice of the court a recent circular of the General Administration Department of the Govt. of Chhattisgarh dated 11.06.2019 whereby the State Govt., as a policy decision, has decided to grant one increment to those employees who retire on 30th June while fixing their pension and pensionary benefits.

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

5. Given the aforesaid decision of the State Govt. dated 11.06.2019, the respondents are directed to consider the case of the petitioner so far as adding one annual increment to the last wages drawn by the petitioner is concerned for the purpose of determining pension and retiral dues which the petitioner would be entitled for. Let this exercise be completed by the respondents within a period of four months from the date of receipt of copy of this order.

6. The writ petition accordingly stands disposed of. Sd/- Goutam Bhaduri Judge Ashu