High Court Of ChhattisgarhWPS/8615/2019disposed off

Jivan Lal Chandra v. State Of Chhattisgarh

2019-10-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8615 of 2019 • Jivan Lal Chandra S/o Shri Chhattan Singh Chandra Aged About 65 Years R/o New Chandaniya Para, Ward No. 7 Reliance Gali, Janjgir, District - Janjgir - Champa Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary General Administration Department Mahanadi Bhawan Mantralaya, Naya Raipur Civil And Revenue District - Raipur Chhattisgarh. 490002

2. The Block Education Officer, Navagarh, Janjgir District Janjgir Chhattisgarh

3. District Treasury Officer, District -Janjgir - Champa Chhattisgarh

4. The Divisional Joint Director, Treasury, Account Pension, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Barun Kumar Chakrabarty, Advocate For Respondents/State :

Shri Alok Bakshi, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/10/2019

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, the petitioner has retired from service on 30th of June, 2019. Since he has retired from service w.e.f. 30.06.2019, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2018 to 30th of June, 2019 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, 2019 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 Ashu