Mohammad Ali Yasini v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5337 of 2019

1. Mohammad Ali Yasini S/o Late Haji Saiyyed Hasan Ali Yasini, Aged About 62 Years, Retired Pracharya Govt. High School Umariya Dadar Vikaskhand Kota R/o Nehrunagar Thana - Civil Line, Tehsil And District Bilaspur, Chhattisgarh

2. Shatruhan Prasad Verma S/o Shri Makhan Lal Verma, Aged About 62 Years, Retirement Pradhan Pathak Govt. Balak Ucchtar Madhyamic School Chakarbhatacamp, Thana Chakarbhata, R/o Village Kaya Thana Bilha, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department Govt. Karmchari Kalyan Shakha, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Secretary, School Education Department, Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh

3. Secretary, Panchayat, Rural Development And Shram Department, Mantralaya Naya Raipur, Chhattisgarh

4. Chief Executive Officer, Jila Panchayat Bilaspur, District Bilaspur Chhattisgarh

5. District Education Officer, Bilaspur, District Bilaspur, Chhattisgarh

6. Sambhagiy Joint Director, Kosh Lekha And Pension Bilaspur Sambhag, District Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Abdul Wahab Khan, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board

23.07.2019

1. The grievance of the petitioners 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 petitioners.

2. According to the petitioners, both of them retired from service on 30th of June, 2019. Since they have retired from service w.e.f. 30.06.2019, they would be entitled for the annual increment that would be payable to them for the period between 1st of June, 2018 to 30th of June, 2019 as the date of annual increment payable to the petitioners is 1st of July. Therefore, according to the counsel for the petitioner, while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30th June, 2019 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 petitioners for grant of one annual increment to the last salary which the petitioners have received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioners, 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/- P. Sam Koshy Judge Khatai