High Court Of ChhattisgarhWPS/1565/2020disposed off

Padmlochan Patel v. State Of Chhattisgarh

2020-03-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1565 of 2020 • Padmlochan Patel S/o Shri Bhairow Prasad Patel, Aged About 64 Years Retd. Lecturer, R/o Village Baigrail, Block - Dabhra, District Janjgir - Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Joint Director, Treasury, Accounts And Pension, Bilaspur Division Bilaspur, District Bilaspur Chhattisgarh

3. District Education Officer Sakti, District Janjgir - Champa Chhattisgarh

4. Block Education Officer Dabhra, District Janjgir - Champa Chhattisgarh ---- Respondents For Petitioner :

Shri Jeet Patel, Advocate For Respondents/State :

Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/03/20

1. The grievance of the petitioner 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 petitioner.

2. According to the petitioner, the petitioner has retired from service on 30th of June, 2018. Since he has retired from service w.e.f. 30.06.2018, he would be entitled for the annual increment that would be payable to him for the period

between 1st of July, 2017 to 30th of June, 2018 as the date of annual increment payable to the petitioner is 1st 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 30th June, 2018 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 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 and others decided on 15.09.2017 in W. P. No. 15732 of 2017. While taking a decision the respondents would also take note of the recent circular of the State Govt. dated 11th June, 2019 issued in this context by the General Administration Department.

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