Ramlal Sharma v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7198 OF 2019

1. Ramlal Sharma S/o - Shri Shrinivas Sharma Aged About 62 Years R/o - F2 Irrigation Colony, Lochan Nagar Raigarh Chhattisgarh.

2. Shivram Kumbhakar, S/o - Late Shri Chhedilal Kumbhakar Aged About 63 Years R/o - Village And Post Pisaud Khampa, District Janjgir-Champa Chhattisgarh.

3. Narmada Singh Markam S/o - Bhukhan Singh Markam Aged About 62 Years R/o - Village Nawagaon, Post Paudia, District Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. The State of Chhattisgarh Through The Secretary, Water Resource Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Police Station Rakhi, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. State of Chhattisgarh Through The Secretary Finance Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Police Station Rakhi, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Chief Engineer, Mini Mata (Hasdeo) Bango Project, Bilaspur Chhattisgarh. ... Respondent(s) For Petitioners :

Shri Rahul Tamaskar, Advocate.

For Respondent-State :

Ms. Ishwari Dhritlahre, Panel Lawyer.

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

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 have retired on 30.06.2019, 30.06.2018 and 30.06.2019 respectively and they were all entitled for the benefit of one increment from 1st July. According to the petitioners, they were entitled for the increment for the services rendered in the previous year and therefore they have earned the said benefit and while granting pensionary benefits that one increment, which fell due on their 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 said decision of the State Govt. dated 11.06.2019, the respondents are directed to consider the case of the petitioners so far as adding one annual increment to the last wages drawn by the petitioners are 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 in respect of each of the petitioners 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 inder