Shri Ashok Kumar Wakade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10651 of 2019 • Shri Ashok Kumar Wakade S/o Late Ram Rao Wakade Yadav Aged About 65 Years R/o Near Taj Masjid, Kumharpara Talapara Bilaspur, Police Station Civil Line, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Home And Police Affairs, Secretariat, Mahanadi Bhawan, New Raipur, Police Station And Post Rakhi, District Raipur Chhattisgarh

2. Director General Of Police, Police Head Quarter, Civil Line, Police Station Civil Line, District Raipur Chhattisgarh

3. The Secretary Finance Mahanadi Bhawan Mantralay Bhawan, Raipur District Raipur Chhattisgarh

4. The Director Treasury, Audit And Accounts Raipur, District Raipur Chhattisgarh

5. Joint Director Of Division Fund Account And Pension, Bilaspur, District Bilaspur Chhattisgarh

6. The Superintendent Of Police Bilaspur Police Station Civil Line District Bilaspur Chhattisgarh ---- Respondents For Petitioners :

Mr. Badruddin Khan, Advocate For Respondent/ State :

Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/12/2019

1. 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 petitioner was entitled for on continuous working for one year before the date of retirement.

2. The case of the petitioner is that, the petitioner retired on 30.06.2013 and was entitled for the benefit of one increment from 1st July. According to counsel for the petitioner, the petitioner was entitled for the increment for the services rendered in the previous year and therefore has 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 had been added for the purpose of determining pension and pensionary benefits.

3. At this juncture, the counsel for the petitioner 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.

4. Learned counsel for the State do not dispute the fact, brought to the notice of the Court by the petitioner.

5. Given the aforesaid decision of the State Govt. dated 11.06.2019, the respondents are directed to consider the case of the petitioner so far as adding one annual increment to the last wages drawn by the petitioner 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.

6. The writ petition accordingly stands disposed of. Sd/- (Goutam Bhaduri) Judge Yasmin