Citation : 2022 Latest Caselaw 5006 Chatt
Judgement Date : 4 August, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5233 of 2022
• Janakram Suryavanshi S/o Late Shree Aasharam Suryavanshi Aged About 65
Years Retired Sahayak Antarik Lekha Parikchan Avam Kararopan Adhikari
Janpad Panchayat Takhatpur Nivasi Gram Jaroundha Thana Takhatpur Jila
Bilaspur (C.G.) ---- Petitioner
Versus
1. State Of Chhattisgarh Sachiv, Samanya Prashan Vibhag, Shashkiya
Karmachari Kalyan Shakha Mantralaya Mahanadi Bhawan Naya Raipur (C.G.)
2. Secretary Panchayat Avam Gramin Vikas Vibhag Mantralaya Naya Raipur Jila
Raipur (C.G.)
3. Mukhya Karyapalan Adhikari Jila Panchayat, Bilaspur Jila Bilaspur (C.G.)
4. Mukhya Karyapalan Adhikari Janpad Panchayat Takhatpur Jila Bilaspur (C.G.)
5. Upsanchalak Panchayat Bilaspur Jila Bilaspur (C.G.)
6. Sayukta Sanchalak Kosh, Lekha, Avam Pension Bilaspur Jila Bilaspur (C.G.)
---- Respondents
---------------------------------------------------------------------------------------------------------
For petitioner : Ms. Kavita Tiwari, Advocate.
For Respondent/State : Mr. Ravi Bhagat, PL
Hon'ble Shri Justice Narendra Kumar Vyas.
Order on Board
(04-08-2022)
1. The grievance of the petition 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 counsel for the petitioner, the petitioner has retired from service on 30-6-2019. Since he has retired from service with effect from 30-06.2016, he would be entitled for the annual increment that would be payable to him for the period between 1st July, 2018 to 30-6-2019 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 30-6-2019 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 No 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 15-9-2017 in WP No. 15732 of 2017. The aforesaid exercise shall be carried out within an outer limit of six months from the date of receipt of a copy of this order.
4. With the aforesaid direction, the writ petition stands disposed of.
Sd/-
(Narendra Kumar Vyas) JUDGE
Raju
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