Damodar Prasad Dilliwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) No. 7211 OF 2019 Damodar Prasad Dilliwar S/o Late Chandu Lal Dilliwar, Aged About 63 Years, Retired Internal Audit And Taxation Officer, Janpad Panchayat Durg, District Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh

3. Director (Panchayat), Directorate Of Panchayat, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Petitioner :

Shri C. Jayant K. Rao, Advocate.

For State :

Shri P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12.09.2019

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

2. The case of the petitioner is that, the petitioner retired on 30.06.2019 and was entitled for the benefit of one increment from 1st July. According to counsel for the petitioner, the petitioner was entitled for

increment for the services rendered in the previous year and therefore has earned the said benefit and while granting pensionary benefits, that one increment which fell due on working for one year before the retirement in the previous year, should be added for the purpose of determining pension and pensionary benefits.

3. At this juncture, counsel for the petitioner 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 aforesaid decision of the State Govt. dated 11.06.2019, the respondents are directed to consider the case of the petitioner so far as adding one annual increment to the last wages drawn by the petitioner is concerned for the purpose of determining pension and retiral dues which the petitioner would be entitled for. Let this exercise be completed by the respondents 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 Khatai