Anil Lal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8550 of 2019

1. Anil Lal S/o Late Shri Prem Lal Aged About 63 Years R/o Krishna Nagar, Behind Sai (Diagnosis), Raipur, Police Station Tikrapara, Tahsil and District Raipur Chhattisgarh.,

2. Shankar Lal Sahu S/o Late Shri Cheduram Sahu Aged About 63 Years Village And Post Pavni, Tahsil and Police Sation Bilaigarh, District Balodabazar-Bhatapara,Chhattisgarh.

--- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Department of Home / Police, Mahanadi Bhawan, Mantralaya, Police Station and Post Office Rakhi, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Deput Director Office of Deputy Director, Kosh, Lekha and Pension, Raipur, District Raipur Chhattisgarh.

3. Inspector General of Police (I.G.P.) Office of Inspector General of Police (I.G.P.), Shankar Nagar, Raipur, District Raipur Chhattisgarh.

4. Superintendent of Police (S.P.) Office of Superintendent of Police (S.P.), Balodabazar, District Balodabazar Bhatapara Chhattisgarh. -- Respondents For the Petitioner : Mr.Abhishek Pandey, Advocate, For the Respondents : Mr. Soumya Rai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The claim of the petitioner in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioners were entitled for, on continuous working for one year before the date of retirement.

2. The case of the petitioners is that the petitioner no.1 was working as Subedar and Petitioner No.2 was working as Head Constable and both of them had retired on 30.06.2019 and was entitled for

the benefit of one increment from 1st July. According to counsel for the petitioners, the petitioners were entitled for increment for the services rendered in the previous year and therefore have earned the said benefit and while granting pensionary benefits, that one increment which fell due on working for one year before the retirement in the previous year, should have been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the counsel for the petitioner brought to the notice of the court a recent circular of the General Administration Department of the Govt. of Chhattisgarh dated 11.06.2019 whereby the State Govt., as a Policy decision, has decided to grant one increment to those employees who retire on 30th June, 2018 while fixing their pension and pensionary benefits.

4. Learned State Counsel do not dispute the fact brought to the notice of the court by the petitioner.

5. Given the aforesaid decision of the State Govt. dated 11.6.2019 the respondents are directed to consider the case of the petitioners so far as adding one annual increment to the last wages drawn by the petitioners is concerned for the purpose of determining pension and retiral dues which the petitioner would be entitled for. Let this exercise be completed by the respondents within a period of four months from the date of receipt of copy of this order.

6. With the above observations, this writ petition stands disposed off. Sd/- GOUTAM BHADURI JUDGE Rao