Diwakar Rao Gavande v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6175 of 2019 Diwakar Rao Gavande S/o Shri Lakhan Ram Gavande Aged About 62 Years Retired Assistant Internal Account Taxation Officer, R/o Near Om Vastralaya, Kasdol, Block Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Rapur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Accountant General Government Of Chhattisgarh, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. The Joint Director Directorate Of Panchayat, Chhattisgarh, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. The Joint Director Treasury, Accounts And Pension, Raipur, Division, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. K. P. Sahu, Advocate For State :

Mr. Ayaz Naved, GA For Respondent/s :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 19.08.2019

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 Rohit