Ratanlal Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10175 of 2019 • Ratanlal Yadav S/o Motilal Yadav Aged About 62 Years R/o Village Kharod, District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary General Administration Department Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 490002 2.

The Block Education Officer Navagarh, District : Janjgir-Champa, Chhattisgarh 3.

Divisional Joint Director Treasury, Account And Pension Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Barun Kumar Chakrabarty, Adv.

For Respondent/State :

Shri Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/12/2019

1. Heard.

2. Learned counsel for the petitioner would submit that the issue involved in the present writ petition has already been considered and decided by this Court in WPS No.8614 of 2019, therefore, the same order may be passed in the present writ petition also.

3. This Court in WPS No.8614 of 2019 on 18.10.2019 has passed the following order:- "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 them for the period between 1st of June, 2018 to 30th of June, 2019 as the date of annual increment payable to the petitioners is of first of July. Therefore, according to the counsel for the petitioners, 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."

4. Learned State counsel has no objection.

5. It is ordered accordingly. The ratio laid down in the case supra shall also govern the cause of lis in this case and will have the same effect and operation.

6. With such observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge yasmin