S.S. Mohanti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8526 of 2019 • S.S. Mohanti S/o Late Shri Laxman Mohanti Aged About 64 Years Sewanivrit Shahyak Aaukt Office Sanbhagiy Upaukt Vadijya Kar Sanbhag Kramnk 02 Raipur Niwas - Flate No. 101 First Floor New Rajendra Nagar Raipur Jila - Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secreatary General Administration Department Govt. Karmchari Kalyan Shakha , Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh.

2. Aaukt Vadijya Kar Chhattisgarh Zila Raipur Chhattisgarh.

3. Sanbhagiya Upaaukt Karyaly Sanbhagiya Upaukt Vadijya Kar Sanbhag Krmank 02 Raipur Jila Raipur Chhattisgarh.

4. Sanbhagiya Sanukt Sanchalk Kosh Leka And Pension Raipur Zila - Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Rajendra Kumar Patel, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/10/2019

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 petitioner, he retired from service on 30th of June, 2017. Since he retired from service w.e.f. 30.06.2017, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2016 to 30th of June, 2017 as the date of annual increment payable to

the petitioner 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 30th June, 2017 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 Jyoti