High Court Of ChhattisgarhWPS/1917/2020disposed off

Shiv Kumar Dhawalkar v. State Of Chhattisgarh

2020-05-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1917 of 2020 • Shiv Kumar Dhawalkar S/o Lakhan Lal Dhawalkar Aged About 63 Years R/o Village Akhra, Police Station Kunda, Tahsil Pandariya, District- Kabirdham, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Department Of Health, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh

2. Chief Medical And Health Officer Kabirdham, District- Kabirdham, Chhattisgarh

3. Joint Director Treasury, Account And Pension, Durg, District- Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. T.K. Jha, Advocate For Respondents/State :

Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 22/05/2020

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, he was 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 June, 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 respondent No. 1 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