Sushil Sahu v. State Of Chhattisgarh,

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4476 of 2021 Sushil Sahu S/o Late Nandu Lal Sahu, Aged About 56 Years Posted As Cashier, R/o. Parsada, Pahanda, Ward No.16, Kumhari, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through - The Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Chief Municipal Officer, Municipal Council Kumhari, District Durg Chhattisgarh ---- Respondents For Petitioner :

Mr. Praveen Dhurandhar, Advocate.

For State :

Ms. Abhyunnati Singh, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 31/08/2021

1. Aggrieved of the inaction on the part of the respondents in not releasing of the annual increments for the year 2017, 2018 & 2019 the present writ petition has been filed.

2. According to the petitioner he was placed under suspension on 24.05.2017 and contemplating the disciplinary proceedings, later on disciplinary proceedings initiated against the petitioner, on being found guilty of the charges leveled, he was inflicted with a minor punishment vide order dated 30.11.2019 whereby he was inflicted with stoppage of next two annual increments for the period of two years without cumulative effect.

3. Grievance of the petitioner now is that for the period during which he was suspended i.e. for the year 2017, 2018 & 2019 he has not been paid

-2annual increments which he is otherwise entitled for. It is further contention of the petitioner that even otherwise the order of punishment is only to withhold the next two increments which shall fall due to the petitioner after the order of punishment is passed which in other words means that till the date of the punishment the petitioner would be entitled for all the annual increments that has accrued to him. However, in spite of petitioner having made repeated representations the claim of the petitioner has not been finalized by the respondents.

4. Given the said factual matrix of the case, the writ petition at this juncture stands disposed of directing the respondents to immediately take an appropriate decision as regards the annual increments payable to the petitioner from 2017 till 2019.

5. Let an appropriate decision in this regard be taken within an outer limit of 60 days from the date of receipt of copy of this order. 6.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rohit