Smt. Pushpa Gahwai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8055 of 2019

1. Smt. Pushpa Gahwai, W/o Late Shri Shivprashad Gahwai, Aged About 64 Years, Sevanivrit Sahayak Varg 01, Karyalay Sanyukt Panjeeyak, Sahkari Sansthayen, Bilaspur Nivasi - Makan Number D-198 Yadunandan Nagar, Tifra Tahsil Va Jila: Bilaspur, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

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

2. Sachiv, Sahakarita Vibhag Mantralay, Mahanadi Bhavan Naya Raipur, District : Raipur, Chhattisgarh

3. Panjiyak, Sahkari Sansthayen Chhattisgarh, Karyalay Indiravati Bhawan Atal Nagar Raipur, District : Raipur, Chhattisgarh

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

Mr. Rajendra K. Patel, Advocate For State :

Mr. P. Acharya, P. Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 01.10.2019

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 30.06.2017 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 previous 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, 2017 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 off. Sd/- (P. Sam Koshy) Judge Rahul