High Court Of ChhattisgarhWPS/9981/2019disposed off

Mohar Sai Patel v. State Of Chhattisgarh

2019-12-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9981 of 2019 • Mohar Sai Patel S/o Bachchu Ram Patel Aged About 63 Years Retd. Head Master, Middle School, R/o Village And Post Bengchi, Block Baramkela, Dist. Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar. Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh

2. Joint Director Treasury, Accounts And Pension, Bilaspur Division, Bilaspur, Dist. Bilaspur Chhattisgarh

3. District Education Officer, Raigarh, Dist. Raigarh Chhattisgarh

4. Block Education Officer Block Baramkela, Dist. Raigarh Chhattisgarh ---- Respondents For Petitioner :

Shri Dhani Ram Patel, Advocate For Respondents/State :

Shri Soumya Rai, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/12/2019

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 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 1st of June, 2018 to 30th of June, 2019

as the date of annual increment payable to the petitioner is 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 30.06.2019 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 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 Ashu