High Court Of ChhattisgarhWPS/8275/2019disposed off

Fagulal Sahu v. State Of Chhattisgarh

2019-10-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8275 of 2019 Fagulal Sahu, S/o. Shri Mangluram Sahu, Aged About 64 Years, Retired Head Master, Govt. Primary School Barjhapara Sarkho, Block Nawagarh, Presently Residence at Behind Nacmeet Computer Ward No.8 Janjgir, District Janjgir-Champa (C.G.).

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, School Education Department Mahanadi Bhawan, Raipur Chhattisgarh.

2. The District Education Officer, District- Janjgir-Champa, Chhattisgarh.

3. The Accountant General Chhattisgarh, Raipur, Chhattisgarh

4. The Joint Director, Treasury Accounts And Pension Bilaspur, Chhattisgarh

5. The Block Education Officer, Block- Nawagarh, District Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Anil Mourya, Advocate For State/Respondents :

Mr. Soumya Rai, Panel Lawyer No.1, 2, 4 & 5.

For Respondent No.3 :

Mr. Ashwani Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.10.2019

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

2. According to the counsel for the petitioner, the petitioner retired from service on 30.06.2018. Since the petitioner retired from service w.e.f. 30.06.2018, he would be entitled for the annual increment that would be payable to him for the period between 01.06.2017 to 30.06.2018 as the date of annual increment payable to the petitioners is 1st of July. Therefore, according to the counsel for the petitioner, while quantifying

pension and other retiral dues, the annual increment which the petitioner became entitled for having worked till 30.06.2018 has 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 petitioner for grant of one annual increment to the last salary which the petitioner has received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioner, 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 and others 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 Ashok