Lala Ram Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9536 of 2019
1. Lala Ram Sahu S/o Khorbahara Ram Sahu Aged About 63 Years Retired Head Master, R/o Shitlapara (Adarsh Colony), Ward No. 21, Nawapara (Rajim), Tahsil Abhanpur, District Raipur, Chhattisgarh
2. Keju Ram Kamalvanshi S/o Late Shri Mangalu Ram Aged About 64 Years Retired Lecturer, R/o Shitlapara (Adarsh Colony), Ward No. 21, Nawapara (Rajim), Tahsil Abhanpur, District Raipur, Chhattisgarh
3. Gokul Ram Sahu S/o Late Shri Saraju Ram Sahu Aged About 63 Years Retired Head Master, R/o Near Railway Station, Ward No. 07, Gobra (Nawapara), Tahsil Abhanpur, District Raipur, Chhattisgarh
4. Smt. Hemlata Sharma W/o Ramakant Sharma Aged About 63 Years Retired Upper Division Teacher, R/o Kishanpara, Ward No. 10, Nawapara (Rajim), Tahsil Abhanpur, District Raipur, Chhattisgarh ---- Petitioners
Versus
1. State of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh
2. District Education Officer Raipur, District Raipur, Chhattisgarh
3. Block Education Officer Abhanpur, District Raipur, Chhattisgarh
4. Block Education Officer Raipur, District Raipur, Chhattisgarh
5. Principal Government Harihar Higher Secondary School Nawapara (Rajim), District Raipur, Chhattisgarh
6. Principal Government Girls Higher Secondary School Nawapara (Rajim), District Raipur, Chhattisgarh ---- Respondents For Petitioners :
Shri Ajay Shrivastava, Advocate For Respondents/State :
Shri Priyank Rathi, PL
Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/11/2019
1. The claim of the petitioners 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 Headmaster at Govt. Harihar Higher Secondary School Nawapara Rajim, District Gariyaband, Petitioner No.2 was working as Lecturer at Govt. Girls Higher Secondary School, Nawapara, Rajim, District Gariyaband, Petitioner No.3 was working as Headmaster in the Office of Block Education Officer, Abhanpur and petitioner No.4 was working as UDT at Govt. Harihar Higher Secondary School, Nawapara Rajim, District Gariyaband and they have retired on 30.06.2019, 30.06.2018, 30.06.2019 & 30.06.2018, respectively, and were 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 & 30th of June, 2019 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 Ashu