Nandkumar Mogre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8075 of 2019

1. Nandkumar Mogre, S/o Shri Udhoram Mogre, Aged About 62 Years, Sevanivritta Vyakhyata Shasakiya Uchchatar Madhyamik Shala Sher, Jila Mahasamund, Pata- Gram Paraskol Thana Mahasamund, District : Mahasamund, Chhattisgarh

2. Premlal Sahu, S/o Shri Shankar Lal Sahu, Aged About 62 Years, Sevanivritta Pradhanpathak, Shasakiya Prathamik Shala Kanekera, Jila Mahasamund, Pata- Gram Semra, Thana Gobra, Navapara, District : Raipur, Chhattisgarh

3. Noorsingh Chandrakar, S/o Shri Pyarelal Chandrakar, Aged About 62 Years, Sevanivritta Pradhanpathak Prathamik Shala Saradih, Jila Mahasamund, Pata- Shiv Mandir Ke Pas Gudarupara, Mahasamund, Thana Mahasamund, District : Mahasamund, Chhattisgarh

4. Balkishan Shrivastav, S/o Shri Khilan Singh Shrivastav, Aged About 62 Years, Sevanivritta Uchch Varg Shikshak Shasakiya Purv Madhyamik Shala Turenga, Jila Mahasamund, Pata- Gram Jhalap, Ward No 15, Thana Patewa, District : Mahasamund, Chhattisgarh ---- Petitioners

Versus

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

2. Sanchalak Sanchalanalay Lokshikshan Sanchalanalya Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

3. Jila Shiksha Adhikari Mahasamund, District : Mahasamund, Chhattisgarh

4. Sanbhagiy Sanyukt Sanchalak Kosh Lekha Evam Penshan Raipur Sambhag, District : Raipur, Chhattisgarh -------- Respondents For Petitioners :

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 petitioners in the present Writ Petition is for a direction to the respondents to grant 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 on 30.06.2019 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 and 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 had been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the 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, 2019 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 are 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 off. Sd/- (P. Sam Koshy) Judge Rahul