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High Court Of ChhattisgarhWPS/1771/2020disposed off

Gopal Prasad Bunkar v. State Of Chhattisgarh

2020-05-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1771 of 2020 • Gopal Prasad Bunkar S/o Late Manohar Lal, Aged About 65 Years R/o T.V. Tower Road, Ward No. 17, Near Yadav Kirana Store, Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education, Ministry At Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh

2. State Of Chhattisgarh, Through Its Secretary, Department Of Finance, Ministry At Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh

3. Accountant General, Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh,

4. Joint Director (Treasury, Account And Pension) Surguja Division, Ambikapur District Surguja Chhattisgarh

5. District Education Officer, Baikunthpur, District Koriya Chhattisgarh, ---- Respondents For Petitioner :

Mr. Govind Dewangan, Advocate For Respondents No. 1 & 2 /State :

Mr. Alok Bakshi, Addl. A.G.

For Respondent No. 3 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/05/2020

1. The grievance of the petitioner in the present writ petition is the non-granting of the benefit of one annual increment while fixing

pension and other retiral dues payable to the petitioner.

2. According to the petitioner, he retired from service on 30th of June, 2017. Since he has 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 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, 2017 has to be added to the last pay and other allowances also.

3. Given the said facts and circumstances of the case, let therespondents 1 to 3 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.

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