Suresh Kumar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6651 of 2019 Suresh Kumar Pandey S/o Babulal Pandey Aged About 62 Years Retired Head Master, R/o Manoj Cloth Store, Bazar Chowk, Ward No. 4, Lawan, Block Balodabazar, District Balodabazar - Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Accountant General Government Of Chhattisgarh, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. The Director Directorate Of Public Instructions, Chhattisgarh, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. The Joint Director Treasury, Accounts And Pension, Raipur Division, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ----Respondents For Petitioner :

Mr. K.P. Sahu, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/09/2019

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 30.06.2019. Since he has retired from service w.e.f. 30.06.2019, he would be entitled for the annual increment that would be payable to him for the period between 1st of July, 2018 to 30th of June, 2019 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, 2019 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 Ved