High Court Of ChhattisgarhWPS/5255/2020disposed off

Gopi Lal Verma v. State Govt. Of Chhattisgarh

2021-01-15Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5255 of 2020

1. Gopi Lal Verma S/o Late Shri Babu Lal Verma Aged About 66 Years Retired Head Master, Govt. Primary School, Narliguda, Block Dondi, District Balod (Chhattisgarh),

2. B.P. Banpal S/o Late Shri Hirauram Banpal Aged About 65 Years Retired Assistant Teacher, Govt. Boys Primary School, Nayabazar, Rajhara Block Dondi, District Balod (Chhattisgarh) ---- Petitioners

Versus

1. State Govt. Of Chhattisgarh Through- The Secretary, School Education Department, Ministry, Mahanadi Bhawan, P.S. Rakhi, New Raipur Chhattisgarh,

2. Block Education Officer, Dondi, District Balod (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 15.01.2021

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

2. According to the learned counsel for the petitioners, the petitioners retired from service on 30.06.2017. Since the petitioners 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 July, 2016 to 30th of June, 2017 as the date of annual increment payable to the petitioners is first of July. Therefore, according to the

counsel for the petitioners while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30.06.2017 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 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 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