Ramkumar Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5843 of 2019 Ramkumar Bhoi S/o Late Shri Khovaram Bhoi, Aged About 64 Years Retired Senior Superintendent, Office Hasdeo Kachhar Water Resources Department Bilaspur, R/o Chandan Aawas 3/24 Smritivan Near Durga Mandir Bilapsur, Thana Sarkanda, Tahsil And District Bilaspur, Chhattisgarh ---- Petitioner

Versus

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

3. Chief Engineer, Jalsansadhan Department, Raipur, Chhattisgarh

2. Secretary, Chhattisgarh Shasan Jalsansadhan Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

4. Sambhagiya Joint Director, Kosh Lekha And Pension Bilaspur Sambhag, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06.08.2019

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, he retired from service on 30th of June, 2017. Since he retired from service w.e.f. 30.06.2017, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2016 to 30th of June, 2017 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, 2017 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.

4. With the aforesaid direction, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai