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High Court Of ChhattisgarhWPS/8260/2019disposed off

Smt. Neera Sharma v. State Of Chhattisgarh

2019-10-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8260 of 2019 Smt. Neera Sharma W/o Shri Ramesh Sharma Aged About 65 Years Retired Head Master Government Middle School Khokhara, Block Nawagarh Presently Residence At Ravidas Chouk Sharma Niwas Chandaniyapara, Janjgir District Janjgir Champa, Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through Secretary School Education Department Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

2. The District Education Officer District Janjgir Champa, Chhattisgarh

3. The Accountant General Chhattisgarh Raipur, District : Raipur, Chhattisgarh

4. The Joint Director Treasury Accounts and Pension Bilaspur, District : Bilaspur, Chhattisgarh

5. The Principal Government Girls Higher Secondary School Khokhara Block Nawagarh District Janjgir Champa, Chhattisgarh., --- Respondents For the Petitioners : Mr. Anil Mourya, Advocate For the State/Respondents : 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 for the petitioners, the petitioners retired from service on 30.06.2016. Since the petitioners retired from service w.e.f. 30.06.2019, they would be entitled for the annual increment that would be payable to them

for the period between 1st of June, 2015 to 30th of June, 2016 as the date of annual increment payable to the petitioners are first of July. Therefore, according to the counsel for the petitioners, while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30.06.2016 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 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