M.S. Quraishi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6909 of 2019

1. M.S. Quraishi S/o Late Shri Ataa Mohmmad Quraishi Aged About 62 Years Retired Assistant Engineer Karyalay Executive Engineer Therkal Power Project Sambhag Ambikapur, R/o Sajda Kohefija Colony Jarhagarh Samlaya Mandir Ke Pass Angikapur, Thana Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

2. Ansaar Ahmad S/o Late Shri Mansur Ahmad Aged About 62 Years Retired, Adhikshak Karyalaya Chief Engineer Hasdev Ganga Kachhar Water Resources Department Ambikapur, R/o Maman Number 138 Rasulpur, Ambikapur Thana Ambikapur, Tahsil And District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department Govt, Karmchari Kalyan Shakha Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Engineer Water Resources Dipartment Shivanath Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Engineer Hasdev Ganga Kachhar Water Resources Department Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

4. Joint Director Kosh Lekha And Pension Ambikapur, District 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 petitioners in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioners were entitled for on continuous working for one year before the date of retirement.

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

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 petitioners 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 petitioners is concerned for the purpose of determining pension and retiral dues which the petitioners 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