Bindeshwari Prasad Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5292 of 2019

1. Bindeshwari Prasad Verma S/o Late M. L. Verma, Aged About 62 Years, Retired Assistant Director Agriculture/ Sankhyiki, Sambhagiy Joint Director Agriculture Karyalaya Nehruchouk Bilaspur R/o Ward No. 09 Omnagar Jarhabhata, Thana Civil Line, Tehsil And District Bilaspur, Chhattisgarh

2. Sheikh Yusuf Mohammad S/o Late Shri Sheikh Esmile Mohammad Aged About 62 Years Retired Senior Agriculture Development Officer R/o Nutan Colony Ward 14, Thana Janjgir Champa, District Janjgir Champa Chhattisgarh

3. Mohan Kumar Dwivedi S/o Late Shri Daduram Dwivedi, Aged About 62 Years, Retired Agriculture Development Officer R/o Village Janjgir Thana Janjgir Champa, District Janjgir Champa, Chhattisgarh ---- Petitioners

Versus

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

2. Director, Sanchanalaya, Agriculture, Naya Raiopur Chhattisgarh

3. Secretary, Chhattisgarh Shasan Agriculture Department Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh

4. Deputy Director Karyalaya Deputy Director Agriculture District Janjgir - Champa Chhattisgarh

5. Sambhagiy Joint Director, Agriculture Karyalaya, Nehruchauk Bilaspur District Bilaspur, Chhattisgarh

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

For Petitioners :

Mr. Rajendra Kumar Patel, Advocate For State :

Mr. Samir Behar, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 22.07.2019

1. The grievance of all 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, all 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