High Court Of ChhattisgarhWPS/1246/2020disposed off

Virendra Kumar Sharma v. State Of Chhattisgarh

2020-02-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1246 of 2020

1. Virendra Kumar Sharma Son Of Late Shri Neelkanth Prasad Sharma Aged About 65 Years Occupation - Service (Retired), Deputy Ranger (Up-Van Chhetrapal), Forest Range And Division - Raigarh, R/o Vijaypur, Near Maharshi School, PO - Boirdadar, Raigarh, District Raigarh Chhattisgarh

2. Chhabishankar Sahu Son Of Late Shri Madhusudan Sahu Aged About 65 Years Occupation - Service (Retired), Forester (Vanpal), Forest Range And Division - Raigarh, R/o At Malda, P.O. Jhalmala, District Raigarh Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, New Mantralay, Atal Nagar, Raipur Chhattisgarh

2. The Conservator Of Forest Division - Bilaspur, District - Bilaspur Chhattisgarh

3. The District Forest Officer Raigarh, District Raigarh Chhattisgarh

4. The Accountant General Raipur Chhattisgarh

5. The Joint Director (Account, Treasury And Pension), Bilaspur, District Bilaspur Chhattisgarh

6. The District Treasury Officer Raigarh, District Raigarh Chhattisgarh ---- Respondents For Petitioners :

Shri A.N. Bhakta, Advocate For Respondents/State :

Shri Priyank Rathi, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/02/20

1. Heard.

2. 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.

3. According to the petitioners, the petitioners have retired from service on 30th of June, 2016. Since they have retired from service w.e.f. 30.06.2016, they would be entitled for the annual increment that would be payable to them for the period between 1st of June, 2015 to 30th of June, 2016 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, 2016 has to be added to the last pay and other allowances also.

4. 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 has 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.

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