Dhananjay Patnayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) No. 7754 OF 2019

1. Dhananjay Patnayak S/o. Late J. Patnayak, Aged About 64 Years Sevanivrit Sahayak Grade 2 Karyalay Nagar Paalik Nigam Raipur Nivasi - Makan Numbar 10/784 Shivanand Nagar, Sector 01 Post Office W.R.S. Raipur, District - Raipur, Chhattisgarh

2. Yogaram Sahu S/o Shri Gayaram Sahu, Aged About 64 Years, Sevanivrit Sahayak Grade 2, Karyalay Nagar Paalik Nigam Raipur R/o. Gram - Barauda , Chhattisgarh Vidhan Sabha Ke Pas, Raipur Thana Chhattisgarh Vidhan Sabha Ke Pas, Jila - Raipur, Chhattisgarh

3. Yashvant Shukla S/o Late Shri Pannalal Shukla, Aged About 64 Years, Sevanivrit Sahayak Grade 3 Karyalay Nagar Paalik Nigam Raipur, R/o. Ankur Hardware Gali Ke Pas, Sundar Nagar Chowk Mahadev Ghat Roed Raipur, District - Raipur, Chhattisgarh

4. Gopal Krishna Agrawal S/o Late Shri Radhelal Agrwal, Aged About 64 Years, Sevanivrit Sahayak Grade 3 Karyalay Nagar Paalik Nigam Raipur R/o. 32, New Panchil Nagar Civil Line Raipur, District - Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Sachiv, Nagriya Prashasan And Vikash Vibhag, Mantralay Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Ayukt, Nagar Paalik Nigam, District- Raipur, Chhattisgarh

3. Up Sanchalak, Sthaniy Nidhi Sampariksha, Ghadi Chowk Raipur, District- Raipur, Chhattisgarh ... Respondent(s) For Petitioners :

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 petitioners in the present writ petition is for a direction to the respondents for grant of 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 from service on 30.06.2017 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, therefore, have 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 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 petitioners 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 Khatai