Dr. S.B. Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7642 of 2019 Dr. S.B. Singh S/o Late Shri Ram Baran Singh Aged About 65 Years Retired Medical Officer ( Homeopathy ), High Court Dispensary, Bodari, Tahsil Bilha, District Bilaspur Chhattisgarh - 495220, Presently Residing At House No. M I G - 55, Near Samudayik Bhawan, Ward No. 3 ( Now New Ward No. 17 ) Nehru Nagar , Bilaspur , Tehsil And District Bilaspur Chhattisgarh. 495001, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary, Government Of Chhattisgarh, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director, Directorate Of Ayurved, Yog And Prakritik Chikitsa, Yunani Siddha And Homeopathy ( Aayush ), Old Nurses Hostel, Raipur, Tehsil And District Raipur Chhattisgarh - 492001

3. The Joint Director, Treasury, Accounts And Pension, Bilaspur Division, Collectorate Parisar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. - 495001.

---- Respondents For Petitioner :

Mr. Shashank Thakur, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/09/2019

1. The grievance of the petitioners 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 petitioners.

2. According to the petitioners, both of them retired from service on 30th of June, 2019. Since they have retired from service w.e.f. 30.06.2019,they would be entitled for the annual increment that

would be payable to them for the period between 1st of June, 2018 to 30th of June, 2019 as the date of annual increment payable to the petitioners is 1st of July. Therefore, according to the counsel for the petitioner, while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30th June, 2019 has to be added to the last pay and other allowances also.

3. Given the said facts and circumstances of the case, let the respondents 1 to 3 consider the case of the petitioners for grant of one annual increment to the last salary which the petitioners have received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioners, 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.

4. With the aforesaid direction, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit