U. Madhusudan Rao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) No. 7716 OF 2019 U. Madhusudan Rao S/o Late Shri U. Sanyasi Rao, Aged About 63 Years, Sevanivritta Sahayak Varg 03, Karyalaya Karyapalan Abhiyanta Kharang Jalsansadhan Sambhag Bilaspur, Nivasi Dwara M.M. Raju, L.I.G. 09, Housing Board Colony Devarikhurd, Bilaspur, Thana Torva, Jila Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Sachiv, Samanya Prashasan Vibhag, Shasakiya Karmachari Kalyan Shakha Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh

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

3. Mukhya Abhiyanta, Hasdev Kachhar Jalsansadhan Vibhag Bilaspur, Jila Bilaspur, Chhattisgarh

4. Anuvibhagiya Adhikari, Jal Sansadhan Nirman Upsambhag Bilaspur, Jila Bilaspur, Chhattisgarh

5. Sanyukt Sanchalak, Kosh Lekha Evam Penshan Karyalaya Bilaspur, Jila Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner :

Mr. Abdul Wahab Khan, Advocate.

For Respondent-State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.09.2019

1. The claim of the petitioner in the present writ petition is for a direction to the respondents for grant of 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, 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 have been 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