Lakhanlal Kashyap v. The Secretary

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2490 of 2020 • Lakhanlal Kashyap S/o Shri Chheddilal Kashyap Aged About 63 Years R/o Village Post- Chandipara, Tahsil -Pamgarh, District- Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. The Secretary Animal Husbandary Department (Pashu Dhan Vikash Vibhag), Mantralay, Mahanadi Bhawan, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Development Commissioner Indrawati Bhawan (Ground Floor), New Raipur, Chhattisgarh.

3. The Director Animal-Husbandary, Veterinary Department, (Pashu Dhan Vikash Vibhag) Bhutal- 3, Indrawati Bhawan, Raipur, Chhattisgarh

4. The Deputy Director Animal Husbandary Department, (Pashu Dhan Vikash Vibhag), District- Janjgir- Champa, Chhattisgarh

5. The Joint Director Animal Husbandary Department, (Pashu Dhan Viksah Vibhag) District- Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Shri Badruddin Khan, Advocate For Respondents/ State :

Shri Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 30/06/2020

1. The claim of the petitioner in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioner was entitled for on continuous working for one year before the date of retirement

2. The case of the petitioner is that the petitioner retired on 30.06.2019 and was entitled for the benefit of one increment from 1st July. According to

counsel of the petitioner, the petitioner was entitled for increment for the services rendered in the previous year and therefore has earned the said benefit and while granting pensionary benefits, that one increment which fell due on working for one year before the retirement in the previous year, should have been added for the purpose of determining pension and pensionary benefits..

3. At this juncture, the counsel for the petitioner brought to the notice of the court a recent circular of the General Administration Department of the Govt. of chhattisgarh dated 11.06.2019 whereby the State Govt., as a Policy decision, has decided to grant one increment to those employees who retire on 30th June, 2018 while fixing their pension and pensionary benefits.

4. Learned State Counsel do not dispute the fact brought to the notice of the court by the petitioner.

5. Given the aforesaid decision of the State Govt. dated 11.6.2019 the respondents are directed to consider the case of the petitioner so far as adding one annual increment to the last wages drawn by the petitioner is concerned for the purpose of determining pension and retiral dues which the petitioner would be entitled for. Let this exercise be completed by the respondents within a period of four months from the date of receipt of copy of this order.

6. With the above observations, this writ petition stands disposed off. Sd/- Goutam Bhaduri Judge Jyoti