S.K. Walimbe v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8259 of 2019

1. S.K. Walimbe S/o Late Shri A.V. Walimbe Aged About 64 Years R/o Parijat Colony, Flat No M-1, Nehru Nagar, Bilaspur, District Bilaspur Chhattisgarh,

2. M.P. Kurrey S/o S.R. Kurrey Aged About 63 Years R/o Village Telekot (Ambika Niwas), Tahsil Kharsia, District Raigarh Chhattisgarh,

3. Bhagat Ram Shriwas S/o Late Shri Janakram Shriwas Aged About 62 Years Ramabhagat Bhawan, Kasturba Nagar, Ward No 4, Bilaspur, District Bilaspur Chhattisgarh,

4. Kamla Pansari W/o Shri M.L. Pansari Aged About 62 Years R/o Near Shanti Lodge, Juna Bilaspur, Bilaspur, District Bilaspur Chhattisgarh. --- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Revenue and Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh,

2. The Commissioner Bilaspur Division, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

3. The Collector Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

4. The Joint Director Treasury, Accounts And Pension, Bilaspur Division, Bilaspur Chhattisgarh. --- Respondents For the Petitioners : Mr. Himanshu Sinha, Advocate For the Respondent : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The grievance of the petitioners in the present petition is for grant of benefit of one annual increment while fixing pension and other retiral dues payable to the petitioner.

2. According to the learned counsel, petitioners No.1 & 2 have retired from service on 30.06.2018 and petitioners No. 3 & 4 have retired

on 30.06.2019. Petitioners 1 & 2 S.K. Walimbe and M.P. Kurrey have claimed the benefit of annual increment from 01.06.2017 to 30.06.2018 whereas petitioners 3 & 4 have claimed the benefit of annual increment from 01.06.2018 to 30.06.2019. Petitioners have claimed that while quantifying pension and other retiral dues, the annual increments which the petitioners became entitled for having worked till the last month i.e., 30.06.2018 and 30.06.2019 respectively have to be added to the last pay and other allowances also.

3. Given the said facts and circumstances of the case, let the respondents 1 to 3 consider the case of the petitioners for grant of one annual increment to the last salary which the petitioners have received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioners, the respondents shall take into consideration the judgment of the Division Bench of Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal decided on 15.09.2017 in W.P.No.15732 of 2017.

4. with the aforesaid direction, the writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o