Patalu Ram Sao v. State Of Chhattigarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10464 of 2019 1.

Patalu Ram Sao S/o Late Shri Sonuram Sao Aged About 63 Years R/o Village And Post Tamnar, District Raigarh, Chhattisgarh

2. Ku. Pakala Thakur D/o Late Shri Kamal Thakur Aged About 63 Years R/o Village And Post Tamnar, District Raigarh, Chhattisgarh

3. Smt. Rajani Panda W/o Shri Satkam Panda Aged About 63 Years R/o Village Atarmuda, T.V. Tower Road, District Raigarh, Chhattisgarh

4. Rameshwar Singh Sidar S/o Nanki Ram Sidar Aged About 63 Years R/o Village And Post Tamnar, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattigarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattiagarh

2. District Education Officer Raigarh, District Raigarh, Chhattisgarh ---- Respondents For Petitioners :

Shri Ajay Shrivastava, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/12/2019

1. Heard.

2. The claim of the petitioner in the present writ petition is for a direction to the respondents to grant pensionary benefits by adding one increment which the petitioners were entitled for, on continuous working for one year before the date of retirement.

3. The case of the petitioners is that all the petitioners were working in the

education department. The petitioner nos.1, 2 & 4 have retired on 30.06.2018 and petitioner No.3 has retired on 30.06.2019 and were entitled for the benefit of one increment from 1st July. According to counsel for the petitioners, the petitioners were entitled for increment for the services rendered in the previous year and therefore have earned the said benefit and while granting pensionary benefits, that one increment which fell due on working for one year before the retirement in the previous year, should have been added for the purpose of determining pension and pensionary benefits.

4. At this juncture, the counsel for the petitioners brought to the notice of the court a recent circular of the General Administration Department of the Govt. of Chhattisgarh dated 11.06.2019 whereby the State Govt., as a Policy decision, has decided to grant one increment to those employees who retire on 30th June, while fixing their pension and pensionary benefits.

5. Learned State Counsel do not dispute the fact brought to the notice of the court by the petitioner.

6. Given the aforesaid decision of the State Govt. dated 11.6.2019 the respondents are directed to consider the case of the petitioners so far as adding one annual increment to the last wages drawn by the petitioners is concerned for the purpose of determining pension and retiral dues which the petitioner would be entitled for. Let this exercise be completed by the respondents within a period of four months from the date of receipt of copy of this order.

7. With the above observations, this writ petition stands disposed off. Sd/- Goutam Bhaduri Judge Ashu