Kalaram Kuurey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5119 of 2020

1. Kalaram Kuurey S/o Late Buddhu Ram Kurrey, Aged About 64 Years R/o Ganesh Chowk, Krishna Nagar, House No. 113, Ward No. 23, P.S. Kotwali, Chowki Manikpur, Korba District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh

2. State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh

3. The Collector, Korba, District Korba Chhattisgarh,

4. Superintendent Of Police, Korba, District Korba Chhattisgarh

5. Joint Director, Treasury Account And Pension Bilaspur Division Bilaspur Chhattisgarh ---- Respondents For Petitioners :

Mr. Basant Kaiwartya, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.01.2021

1. The grievance of the petitioner in the present petition is for grant of benefit of one annual increment while fixing pension and other retiral dues payable to the petitioner.

2. According to the learned counsel for the petitioner, the petitioner retired from service on 30.06.2018. Since the petitioner retired from service w.e.f. 30.06.2018, He would be entitled for the annual increment that

would be payable to him for the period between 1st of July, 2017 to 30th of June, 2018 as the date of annual increment payable to the petitioner is first 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 30.06.2018 has to be added to the last pay and other allowances also.

3. State counsel has no objection.

4. Given the said facts and circumstances of the case, let the respondents 1 to 2 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 decided on 15.09.2017 in W.P. No.15732 of 2017.

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