Fakir Chandra Panigrahi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9989 of 2019 Fakir Chandra Panigrahi, S/o. Late Shri Brijbhanu Panigrahi, Aged About 63 Years, Retired Assistant Sub Inspector, R/o. Chhote Atarmuda T.V. Tower, Livelihood College Road, Raigarh, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Home, Mantralaya, Mahanadi, Bhavan, Naya Raipur, District : Raipur, Chhattisgarh

2. The Accountant General, Government Of Chhattisgarh, Raipur Chhattisgarh

3. The Director, Directorate Of Public Instructions, Chhattisgarh, Atal Nagar, Raipur, Chhattisgarh

4. The Joint Director, Treasury, Accounts & Pension, Bilaspur Division, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. K.P. Sahu, Advocate For State/Respondents :

Ms. Beenu Sharma, Panel Lawyer No.1,3 & 4.

For Respondent No.2 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.12.2019

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 30.06.2018. Since the petitioner retired from service w.e.f. 30.06.2018, he would be entitled for the annual increment that would be payable to him for the period between 01.06.2017 to 30.06.2018 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 30.06.2018 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