High Court Of ChhattisgarhWPS/9316/2019disposed off

Lochan Prasad Sonwani v. State Of Chhattisgarh

2019-11-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9316 of 2019 Lochan Prasad Sonwani, S/o. Late Fagu Lal Sonwani, Aged About 63 Years, Retired From The Post Of Peon, Govt. Middle School Ashramshala Kenabhata, Block Baramkela, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. Secretary Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

3. Director, Public Instructions, Indrawati Bhawan Atal Nagar Nawa Raipur District Raipur Chhattisgarh

4. District Education Officer, Raigarh, District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Mr. C.Jayant K. Rao, Advocate For State :

Smt. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.11.2019

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 30.06.2019. Since the petitioner 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 01.06.2018 to 30.06.2019 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 30.06.2019 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 Ashok