Pushpa Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2062 of 2020 • Pushpa Dubey W/o Late Surendra Kumar Dubey Aged About 64 Years Retired As Assistant Grade II, Office Of The Chief Engineer, Public Works Department Raipur Zone, Raipur, District Raipur, Chhattisgarh. Present Address- H.No. F/40, Vijayapuram Colony, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works Department, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District Raipur, Chhattisgarh

2. Engineer In Chief Public Works Department, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh

3. Chief Engineer Public Works Department Raipur Zone, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh.

4. Joint Director Treasury, Accounts And Pension Department, Raipur Division, Raipur, District Raipur, Chhattisgarh.

5. District Treasury Officer Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Vikas Dubey, Advocate For Respondents/ State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 10/06/2020

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, the petitioner has retired from service on 30th of June, 2018. Since she has retired from service w.e.f. 30.06.2018, she would

be entitled for the annual increment that would be payable to her 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 respondents 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 of. Sd/- Goutam Bhaduri Judge Jyoti