Baliram Chaurasia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.4942 OF 2019 Baliram Chaurasia S/o Shri Chaituram Chaurasia Aged About 63 Years Retired Government Employees R/o Village - Lailunga, Police Station And Tahsil Lailunga District - Jashpur Civil And Revenue District Jashpur Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary, School Education Department , Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh.

2. The District Education Officer, Jashpur District Jashpur Chhattisgarh.

3. The Block Education Officer, Pathalgaon, District Jashpur Chhattisgarh.

4. The District Treasury Officer, Jashpur District Jashpur Chhattisgarh. ... Respondent(s) For Petitioner :

Shri M.K. Sinha, Advocate.

For Respondent-State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08.07.2019

1. The grievance raised by the petitioner through the present writ petition is that though the petitioner stood retired w.e.f. 30.06.2018, his pension has not been finalized till date and he is being paid provisional pension. Further grievance of the petitioner is that, since he has retired from service w.e.f. 30.06.2018, his pension should have been fixed by the respondents by granting advantage of last increment that he was entitled for, for the year 2017-18 as he has worked for the entire year from 01.07.2017 till the date of retirement i.e. 30.06.2018 and his increment was due w.e.f. 01.07.2017 onwards.

2. According to the petitioner, he was not subjected to any disciplinary proceedings at the time of his retirement, therefore there is no embargo for the respondents not to settle the final pension payable to the petitioner.

3. Given the aforesaid factual matrix of the case and also taking note of the limited dispute that has been raised by the petitioner, let the petitioner, in addition to the representation that he has already made, again make a fresh representation to the respondents No.2 & 3, who, in turn, shall duly scrutinize the claim of the petitioner and ensure that steps are taken for releasing of his full and final pensionary benefits. The respondents shall also consider and decide awarding the benefit of one increment that he is entitled for, for the period July, 2017 to June, 2018 at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

4. It shall be the responsibility of the petitioner to apprise the respondents No.2&3 so far as order passed by this court is concerned.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder