Jaan Mohammad Mansuri Ameen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6876 of 2019 Jaan Mohammad Mansuri Ameen S/o Late Shri Ramjan Khan Aged About 63 Years Sevanivritta Sahayak Kramank 03, Karyalay Karypalan Abhiyanta Jalsansadhan Sanbhag Kramank 02, Khopa Mahua Jelroad Ramanujganj Nivasi Nahararroad Navagarh Angikapur, Thana Ambikapur, Jila Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Sachiv, Samany Prashasan Vibhag, Shasakiya Karmchari Kalyan Shakha Mantralay Mahanadi Bhavan Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Pramukh Abhiyanta Jalsansadhan Vibhag Shivnath Bhawan Atal Nagar Raipur, Jila Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Mukhya Abhiyanta Hasdev Ganga Kachhar Jajsansadhan Vibhag Ambikapur, Jila Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

4. Sayukt Sanchalak Kosh Lekha Evam Penshan Ambikapur, Jila Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ----Respondents For Petitioner :

Mr. Rajendra Kumar Patel, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

For respective respondent :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 04/09/2019

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 30.06.2018 and was entitled for the benefit of one increment from 1st July. According to counsel for the petitioner, the petitioner was entitled for the 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 had been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the 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 Ved