High Court Of ChhattisgarhWPS/9862/2019disposed off

Ashok Kumar Dubey v. State Of Chhattisgarh

2019-11-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9862 of 2019 Ashok Kumar Dubey S/o Ghanshyam Prashad Debey Aged About 65 Years R/o Lig 25 Hasdew Vihar Coloney, Janjgir Police Station 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 Pali, District Korba, Chhattisgarh.

3. Divisional Joint Director Treasury, Account and Pension Bilaspur, Chhattisgarh., --- Respondents For the Petitioners : Mr. Barun Kumar Chakrabarty, , Advocate For the State/Respondents : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -11-2019

1. The grievance of the petitioner in the present petition is for grant of benefit of one annual increment while fixing pension and other retiral dues payable to the petitioner.

2. According to the learned counsel for the petitioner, the petitioners retired from service on 30.06.2016. Since the petitioner retired from service w.e.f. 30.06.2016, he would be entitled for the annual increment that would be payable to them for the period between 1st of June, 2015 to 30th of June, 2016 as the date of annual increment payable to the petitioners is of first 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 30.06.2016 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 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 R a o