S. R. Sirsaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6560 of 2019 S. R. Sirsaj/Saligram Sirsaj S/o - Late Gudduysach Sirsaj, Aged About 63 Years, Retired Adhikshan Abhiyanta, Mandal Jal Sansadhan Department, R/o - House No. E/56, Shailendra Nagar, Raipur, Tah. Raipur, CG ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Samanya Prashasan Vibhag, Shas. Karmachari Kalyan Shakha Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Mukhaya Abhiyanta, Jal Sansadhan Vibhag, Raipur District Raipur Chhattisgarh

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

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

5. Mahalekhakar, Kosha Lekha Awam Pension Chhattisgarh Raipur District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate For State :

Ms. Abhyunati Singh, P.L.

For Respondent No.5 :

Mr. Raj Kumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 28.08.2019

1. The grievance of the petitioner 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 petitioner.

2. According to the petitioner, he retired from service on 30.06.2018. Since he has 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 1st 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 30th June, 2018 has to be added to the last pay and other allowances.

3. Given the said facts and circumstances of the case, let the respondents 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 and others decided on 15.09.2017 in W. P. No. 15732 of 2017. While taking a decision, the respondents would also take note of the recent circular of the State Govt. dated 11th June, 2019 issued in this context by the General Administration Department.

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