Chattisgarh High Court
Dr. Vidyadhar Patel vs State Of Chhattisgarh on 18 March, 2025
1
2025:CGHC:12739
NAFR
Digitally
signed by
RAHUL
RAHUL JHA
JHA Date:
2025.03.20
HIGH COURT OF CHHATTISGARH AT BILASPUR
14:51:18
+0530
WPS No. 1837 of 2025
1 - Dr. Vidyadhar Patel S/o Late Madan Lal Patel Aged About 64 Years Retired
Lecturer (Geography), R/o Village Linjeer, Post Bengchi, Block Baramkela,
District Sarangarh-Bilaigarh Chhattisgarh
Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of School
Education, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar,
Nawa Raipur, District Raipur, Chhattisgarh.
2 - Director Directorate Of Public Instructions, Indrawati Bhawan, Naya
Raipur, Atal Nagar, Post Officer And Police Station Naya Raipur, District
Raipur Chhattisgarh
3 - Joint Director Treasury, Accounts And Pension, Bilaspur Division, Bilaspur,
Chhattisgarh
4 - District Education Officer Sarangarh, Distt. Sarangarh-Bilaigarh,
Chhattisgarh
5 - Principal Government Girls Higher Secondary School, Baramkela, Block
Baramkela, Distt. Sarangarh-Bilaigarh, Chhattisgarh
Respondent(s)
(Cause title is taken from CIS)
For Petitioner(s) : Mr. Dhani Ram Patel, Advocate
For Respondent(s) : Mrs. Poorva Tiwari, PL
(HON'BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
18/03/2025
1. The instant Writ Petition has been preferred by the petitioner for grant of
benefit of one annual increment while computing his pension and other
retiral dues, payable to him.
2. Learned counsel for the petitioner submits that the petitioner has been
superannuated from the post of Lecturer (Geography) on 30/06/2022.
Since, he has served for one whole year in service, as such, he is entitled
to get benefit of annual increment due on 01/07/2022. He would further
submit that this Court in bunch of writ petitions i.e. WPS No. 3802/2022
and connected cases has dealt with similar issue, and after due
appreciation, this Court allowed the bunch of the said Writ Petitions.
Therefore, he prays that the petitioner may also be granted benefit of one
annual increment and based on which, his retiral dues may be calculated.
3. Per contra, learned counsel for the State opposes the argument advanced
by the learned counsel for the petitioner. He would submit that since the
petitioner stood superannuated w.e.f. 30/06/2022 and as on 01 st July, he
was not on the rolls of the Govt. as its employee and as such, the benefit
of increment would not be extended to the petitioner.
4. I have heard learned counsel for the parties and perused the circular
issued by the State Govt.
5. The Supreme Court in the matter of Director (Admn. And HR) KPTCL
and others v. C.P. Mundinamani and others 1 while dealing with similar
1 2023 SCC OnLine SC 401
issues has held in very categorical terms that "once the petitioner has
earned an increment on completing one year of service, he cannot be
denied the benefit of increment, which in other words also means that if
on the date of retirement, which in all these writ petitions being 30 th
June, if they have earned an increment of having worked for 12 months
(one year) preceding to the date of retirement, they under no
circumstances can be denied the benefit of increment while quantifying
the post retiral benefits".
6. It is also apparent that the State Govt. of Chhattisgarh vide its Circular
dated 03/08/2023 (Annexure-P/2) has already directed to all the
departments of the State that the Officers/employees, whom are going to
be or have been superannuated on 31, December or 30 June, would be
entitled to get annual increment due on 01 January or 01 July, as the case
may be.
7. In view of the well settled principles of law laid down by the Supreme
Court and also considering the circular issued by the State Govt. dated
03/08/2023 (Annexure-P/3), the respondents' authority are directed to
consider the claim of the petitioner in light of the above judgment of the
Apex Court as well as the circular issued by the State Govt. at the
earliest, preferably within a period of 90 days from the date of receipt of
copy of this order.
8. Accordingly, the Writ Petition is allowed to the above extent.
Sd/-
(BIBHU DATTA GURU)
JUDGE
Rahul/
Sourabh
