Rajendra Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6271 of 2019

1. Rajendra Kumar Sharma, S/o Late Shri M.C. Sharma, Aged About 64 Years, Retried Field Officer Silk Janjgir Champa Niwasi C-9 Om Zone, Shubham Vihar, Bilaspur District: Bilaspur Chhattisgarh

2. K.J. Gurudev, S/o Late Shri Prabhudayal Gurudev, Aged About 62 Years, Retired Sahayak Sanchalak, Silk/marketing Janjgir Champa, R/o Hasdev Vihar, Housing Board Colony, H.I.G. 125 Janjgir, District Janjgir Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Samanya Prasasan Vibhag, Govt. Karmchari, Kalyan Shakha Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. Sanchalak Sanchanalay, Garamodhayog / Silk-Prabhag Indrawati Bhawan, Naya Raipur Chhattisgarh

3. Secretary, Chhattisgarh Sasan Gramodhayog Vibhag, Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh

4. Secretary, Chhattisgarh Sasan Gramodhayog Vibhag, Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh

5. Sambhagiya Sayukt Sanchalak, Kosh Lekha Awam Pension Bilaspur Sambhag District Bilaspur Chhattisgarh ---- Respondents For Petitioners :

Mr. Rajesh K. Patel, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

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

20.08.2019

1. The grievance of 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, both of them retired from service on 30th of June, 2017. Since they have retired from service w.e.f. 30.06.2017, they would be entitled for the annual increment that would be payable to them for the period between 1st of June, 2016 to 30th of June, 2017 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, 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 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 Rahul