High Court Of ChhattisgarhWPS/5861/2018disposed off

Kamaldhar Patel v. State Of Chhattisgarh

2018-09-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5861 of 2018 Kamaldhar Patel S/o Late Shri Thanda Ram Aged About 72 Years R/o Jhulkadam Sakti, District Janjgir Champa, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.

2. The Director Public Instruction, Pension Bada Raipur, Chhattisgarh.

3. The District Education Officer Janjgir Champa, District Janjgir Champa, Chhattisgarh.

----Respondents For Petitioner :

Mr. Harshwardhan Jaiswal, Advocate For State :

Mr. R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/09/2018

1. The limited grievance of the petitioner is that subsequent to the disposal of the earlier round of writ petition, that he had filed i.e. WPS No. 1077/2014 decided on 04.03.2014, the respondents have scrutinized/reconsidered the case of the petitioner so far as grant of Time Pay Scale/Kramonnati is concerned and it has been found that the petitioner was entitled for two additional increments, which has been granted to the petitioner (as per the version of the petitioner). The benefit of the two additional increments has not been passed as to his retiral dues.

2. The only grievance is that the said benefit has been provided only till the date of retirement and the same also ought to have been taken into consideration for revising his retiral dues like; gratuity and pension etc. are concerned. This contention of the petitioner is found to be correct on due verification by the respondents. This

Court does not find any good reason why the petitioner should not be given the benefits.

3. Given the said limited facts and grievance of the petitioner, the writ petition stands disposed off with a direction the respondents No.2 & 3 to verify the aspect of, whether the petitioner has been subsequently granted the benefit of two increments also for quantifying the retiral dues, and if that has not been implemented, the petitioner thereafter would be definitely entitled for adding the said two increments also for the purpose of calculating the dues payable to the petitioner on his retirement.

4. Let this exercise be completed within a period of 4 months from the date of receipt of order of this Court.

5. The writ petition thus stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Ved