Anand Kumar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6591 OF 2019

1. Anand Kumar Pandey S/o - Late Shri Shyam Sundar Pandey Aged About 62 Years Retired Assistant Varg 02, Karyalay Adhikshak Abhiyanta Vi / Yan. Mandal Jalsansadhan Vibhag Raipur, R/o - Makan No. 48/1075, Bairan Bazar Fawarachowk Ke Pass Raipur, Thana Bairanbazar Tahsil And District Raipur Chhattisgarh.

2. Akhilesh Kumar Aamde S/o - Late Shri Parasram Aamde Aged About 62 Years Retired Sahayak Abhiyanta , Karyalay Mukhya Abhiyanta Mahanadi Godawari Kachhar Jalsansadhan Vibhag Raipur, R/o - Makan No. D/51, Shailendra Nagar Raipur,tahsil And District Raipur Chhattisgarh.

3. V. N. Panchbhai S/o - Late Shri N.A. Panchbhai Aged About 62 Years Retired Sahayak Warg 02, Karyalay Sanbhagiy Bhu-Jal Sarvekshyan Ekai Kramank 08 Raipur, R/o - Plant No. 05, Tatibandha Raipur, Tahsil And District Raipur Chhattisgarh.

4. Monohar Lal Dewangan S/o - Late Shri Janakram Dewangan Aged About 62 Years Retired Sahayak Warg 02, Office Bhu-Jal Sarvekshyan Mandal Raipur, R/o - Purana Rajendra Nagar Goverdhan Chowk Raipur ,tahsil And District Raipur Chhattisgarh.

5. Rishi Kumar Chandrakar S/o - Late Shri B.N. Chandrakar Aged About 62 Years Retired Sahayak Abhiyanta Mahanadi Pariyojna Jal Sansadhan Vibhag Raipur , R/o - Makan No. 75/02, Gram Sirri Mahasamund ,tahsil And District Mahasamund Chhattisgarh.

6. G.R. Ghatge S/o - Late Shri Viththal Rao Ghatge Aged About 62 Years Retired Sahayak Warg 01, Karyalay Bhu-Jal Sarvekshyan Mandal Raipur, R/o - 10 Aadarsh Nagar Sentjosef School Ke Pass Amlideeh Raipur ,tahsil And District Raipur Chhattisgarh.

7. Pannalal Singh S/o - Late Shri Jangbahadur Singh Aged About 62 Years Retired Sahayak Bhu-Jalvid Office Jalsansadhan Awam Bhu-Jal Sarvekshyan Mandal Raipur, R/o - Gudiyari Road Kota Raipur,tahsil And District Raipur Chhattisgarh.

8. N.P. Kumbhaj S/o - Late Shri Ramlal Kumbhaj Aged About 62 Years Retired Sahayak Warg 02 Office Bhu-Jal Sarvekshyan Mandal Raipur, R/o - Arvindnagar Sarkanda Bilaspur,tahsil And District Bilaspur Chhattisgarh.

9. T.R. Gupta S/o - Late Shri Madhav Prasad Gupta Aged About 62 Years Retired Sahayak Abhiyanta ,vi / Yan. Office Vi / Yan. Bhari Sanyantra Vibhag Jansansadhan Vibhag Bilaspur, R/o - Stopdem Ke Pass Beladula Raigarh,tahsil And District Raigarh Chhattisgarh. 10.U.K. Chourasiya S/o - Late Shri Dindyal Chourasiya Aged About 62 Years Retired Sahayak Abhiyanta Minimata Bango Nahar Upsanbhag Kramank 17 Bilaspur, R/o - C. 49 Nechar City Face 02, Sakri District Bilaspur Chhattisgarh.

11.Shishir Kumar Verma S/o - Late Shri C.K. Verma Aged About 62 Years Retired Sahayak Abhiyanta Minimata Bango Nahar Upsanbhag Kramank 17 Bilaspur, R/o - 14/744 L.-10, Newshesh Colony Vinobha Nagar Bilaspur, District Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Secretary, Samanya Prashasan Vibhag, Government Karmchari Kalyan Shakha Mantralaya Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh.

2. Pramukha Abhiyanta, Jalsansadhan Vibhag Raipur District Raipur Chhattisgarh.

3. Sachiv, Chhattisgarh Shasan Jalsansadhan Vibhag, Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh.

4. Pramukha Sachiv Vitta Vibhag, Chhattisgarh Shasan Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh.

5. Mahalekhakar, Kosha Lekha Awam Pension Chhattisgarh Raipur District Raipur Chhattisgarh.

6. Mukhya Abhiyanta, Minimata / Hasdev Bango Pariyojna Bilaspur, District Bilaspur Chhattisgarh.

... Respondent(s) For Petitioners :

Shri Rajendra Kumar Patel, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

For Respondent No.6 :

Shri Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02.09.2019

1. The claim of the petitioners in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioners were entitled for on continuous working for one year before the date of retirement.

2. The case of the petitioners is that, all the petitioners have retired on 30.06.2019 and they were all entitled for the benefit of one increment from 1st July. According to the petitioners, they were entitled for the increment for the services rendered in the previous year and therefore they have earned the said benefit and while granting pensionary benefits that one increment, which fell due on their working for one year before the retirement in the previous year, should had been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the counsel for the petitioners brought to the notice of the court a recent circular of the General Administration Department of the Govt. of Chhattisgarh dated 11.06.2019 whereby the State Govt., as a

policy decision, has decided to grant one increment to those employees who retire on 30th June while fixing their pension and pensionary benefits.

4. Given the said decision of the State Govt. dated 11.06.2019, the respondents are directed to consider the case of the petitioners so far as adding one annual increment to the last wages drawn by the petitioners for the purpose of determining pension and retiral dues which the petitioners would be entitled for. Let this exercise be completed by the respondents in respect of each of the petitioners within a period of four months from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder