Jeevanlal Nayak v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7926 of 2019 Jeevanlal Nayak S/o Late Shri Tularam Nayak Aged About 63 Years Sewanivrit Vyayam Shikshak Shashkiy Uchchtar Madhyamik Shala Baimangoi Nivasi - Gram Baima Thana Sarkanda Jila Bilaspur Chhattisgarh.

---- Petitioner(s)

Versus

1. State Of Chhattisgarh Sachiv, Samanya Prashasan Vibhag, Shashkiy Karmchari Kalyan Shakha Mantralay Mahanadi Bhawan Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Sachiv School Shiksha Vibhag, Mantralay Mahanadi Bhawan Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Jila Shiksha Adhikari Bilaspur, Jila - Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

4. Sambhagiy Sanyukt Sanchalak Kosh Lekha Evm Pension Bilaspur Sambhag Jila - Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---Respondents For Petitioner :

Shri Abdul Wahab Khan, Advocate.

For State :

Ms. Ishwari Dhrithalre, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.09.2019

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

-2previous year, should had been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the 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 inder