R.K.Sharma vs State Of Chhattisgarh
2021 Latest Caselaw 192 Chatt

                                         -1-


                                                                                 NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                         Writ Petition (S) No. 1863 of 2021

   1. R.K.Sharma S/o Niranjan Kumar Aged About 65 Years Assistant Grade-
      I(Retired), Office Of District Education Officer, Sakti, District- Janjgir-
      Champa, R/o Hatari Bazar, Champa, Tahsil- Champa, District- Janjgir-
      Champa, Chhattisgarh.
                                                                    ---Petitioner(s)
                                       Versus
   1. State Of Chhattisgarh Through The Secretary, Department Of Education,
      Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur,
      Chhattisgarh, District : Raipur, Chhattisgarh
   2. Accountant General Raipur, District- Raipur, Chhattisgarh.
   3. Divisional Joint Director, Account And Pension, Bilaspur Divisional
      Bilaspur, Chhattisgarh.
   4. District Education Officer Sakti, District- Janjgir-Champa, Chhattisgarh.
                                                                   ---Respondents

For Petitioner : Shri Punit Ruparel, Advocate. For Respondent State : Ms. Sunita Jain, Govt. Advocate. For Respondent No.2 : Ms. Purnima Singh, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board

08.06.2021

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 petitioner, he retired from service on 30th of June, 2018.

Since he has 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 1st of July, 2017 to 30th of June, 2018 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 petitioner became entitled for having

worked till 30th June, 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/-

(P. Sam Koshy) Judge inder