Sukhlal Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 37 of 2015 • Sukhlal Patel, S/o. Shri Chandrapal Patel, aged about 59 years, Lecturer, Govt. Girls Higher Secondary School,Dharamjaygarh, Post & Thana- Dharamjaygarh, District Raigarh (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Scheduled Caste & Scheduled Tribes Development, Department Mahanadi Bhawan, Raipur (Chhattisgarh)

2. Assistant Commissioner, Raigarh, District Raigarh (Chhattisgarh)

3. District Education Officer, Raigarh, District Raigarh (Chhattisgarh)

4. Treasury Officer, Treasury, Account & Pension, Raigarh, District Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate.

For Respondents/State :

Shri D.R. Minj, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/12/2015 Heard.

(1) Learned counsel for the parties would jointly submit that the matter in issue concerning grant to two advance increments on account of petitioner's wife having undergone family planning operation is covered by the decision rendered by the Co-ordiante Bench of this Court in the matter of A.K. Kesharwani Vs. State of Chhattisgarh & others {WP(S) No. 4486/2005, decided on 9th March, 2010}.

(2) Shri Minj, learned State Counsel would submit that the matter may be disposed of in the same terms subject, however, to verification of facts and entitlement of two advance increments for the period during which such

benefit was admissible prior to its withdrawal by the State Government by issuing circular dated 10.10.2014 which was made effective from 30.7.2014. (3) In view of above, the writ petition is disposed of in terms of the order passed in the matter of A.K. Kesharwani (Supra), subject to verification of facts and for the period during which such benefits was available to the Government servant.

Sd/- (Sanjay K. Agrawal) Judge D/-