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High Court Of ChhattisgarhWPS/5230/2020disposed off

Kirtan Singh Dhankar v. State Of Chhattisgarh

2021-01-14Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP S No. 52 of 2020 Kirtan Singh Dhankar S/o Late Shri Kuwar Singh Dhankar Aged About 63 Years Retired Peon, Govt. Higher Secondary School, Kusumkasa, Block Dondi, District Balod (Chhattisgarh) ---- Petitioner

Versus

1.

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

2.

District Education Officer, Balod (Chhattisgarh) ----Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14/01/2021 1.

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

2.

According to the learned counsel for the petitioner, the petitioner retired from service on 30.06.2020. Since the petitioner retired from service w.e.f. 30.06.2020, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2019 to 30th of June, 2020 as the date of annual increment payable to the petitioner is first 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 30.06.2020 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 3 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 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 Ved