Awadesh Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8437 of 2019 Awadesh Kumar, S/o. Shri Manishankar Mandal, Aged About 62 Years, R/o. C/o. Devendra Shukla Infront Of Dream India School, Village Chuiya, Bhatapara Road, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Public Health Engineering Mantralaya, Mahanadi Bhawan Naya Raipur, P.S. Abhanpur, District Raipur Chhattisgarh

2. Engineer In Chief, Water Resources Department Raipur, Office Of Engineer In Chief, Water Resources Department Raipur P.S. Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Ms. Deepali Pandey, Advocate For State/Respondents :

Ms. Richa Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.10.2019 Heard 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 30.06.2019 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 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.

With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge ashok