Sanjay Kumar Joshi v. Government Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2794 of 2020 • Sanjay Kumar Joshi S/o Late Shri Vaman Gopal Joshi Aged About 67 Years Retired Head Master Office Block Education Officer Kota R/o L.I.G. 71 Nehru Nagar Thana Civil Line Bilaspur District Bilaspur Chhattisgarh., ---- Petitioner

Versus

1. Government of Chhattisgarh through Secretary, General Administration Department, Government Employee Welfare Branch Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Secretary School Education Department, Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. District Education Officer Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Block Education Officer Kota District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Divisional Joint Director Treasury And Pension Bilaspur Division District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

6. Principal Secretary Account Department Government Of Chhattisgarh Mantralaya New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner :

Mr. Abdul Wahab Khan, Advocate.

For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 17-7-2020 Heard.

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 June, 2015. Since he has retired from service w.e.f. 30.06.2015, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2014 to 30th of June, 2015 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, 2015 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. The aforesaid exercise shall be carried out

within an outer limit of six months from the date of receipt of a copy of this order.

4. With the aforesaid direction, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) J U D G E Raju