Shiv Prasad Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9835 of 2019 • Shiv Prasad Mishra, S/o Late Shiv Kumar Mishra, Aged About 63 Years, Retired From Post Of Assistant Veterinary Area Officer, Artificial Retan Centre, Jagdalpur, District Bastar Chhattisgarh, R/o Sun City, Lal Bagh, Jagdalpur, District Bastar Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Veterinary And Animal Husbandry Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh

2. Director, Directorate Of Veterinary Services, Mantralaya, Indrawati Bhawan, Atal Nagar, District Raipur Chhattisgarh

3. Director, Department Of Treasury, Accounts And Pension, Indrawati Bhawan, Atal Nagar, Chhattisgarh, District Raipur Chhattisgarh

4. Divisional Joint Director, Department Of Treasury, Accounts And Pension, Jagdalpur, District Bastar Chhattisgarh

5. Joint Director, Veterinary Services, Jagdalpur, District Baster Chhattisgarh --Respondents For the Petitioner : Mr. Shobhit Koshta, Advocate, For the Respondents : Mr. Ravish Verma, Government Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board -11-2019

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 petitioner is that the petitioner was working as Assistant Vetinary Area OfÏcer and he retired on 29.06.2019 and was entitled for the benefit of one increment from 1st July. According to counsel for the petitioner, the petitioner was 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 petitioner so far as adding one annual increment to the last wages drawn by the petitioner 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 Jyoti