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Jeevanlal Nayak Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 7926 Of 2019

Date of Decision: Sept. 30, 2019

Hon'ble Judges: P. Sam Koshy, J

Bench: Single Bench

Advocate: Abdul Wahab Khan, Ishwari Dhrithalre

Final Decision: Disposed Of

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Judgement

P. Sam Koshy, J

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 30.06.2018 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. 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.

5. The writ petition accordingly stands disposed of.