Shanti Swaroop Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10261 of 2019 • Shanti Swaroop Tiwari, S/o Late Daleshwar Prasad Tiwari, Aged About 64 Years Retired Lecturer, R/o House No, 953, Chhote Math Para, Behar Gali, Sarangarh, District Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, 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, Account And Pension, Bilaspur Division, Bilaspur, Chhattisgarh.

---- Respondents For Petitioners :

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

Shri Soumya Rai, Panel Lawyer For Respondent No. 2 :

Shri R.K. Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/12/2019

1. The grievance of the petitioners 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 petitioners, the petitioners has retired from service on 30th of June, 2017. Since he has retired from service w.e.f. 30.06.2017, he would be entitled for the annual increment that would be payable to him for the period between 1st of June, 2016 to 30th of June, 2017 as the date of annual

increment payable to the petitioner is 1st of July. Therefore, according to the counsel for the petitioner, while quantifying pension and other retiral dues, the annual increment which the petitioners became entitled for having worked till 30th June, 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 petitioners for grant of one annual increment to the last salary which the petitioners has received for the purpose of quantifying pension and other retiral dues. While deciding the claim of the petitioners, 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 Jyoti