1 2025:CGHC:12739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR 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 RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.20 14:51:18 +0530 2 (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 01st 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 others1 while dealing with similar 1 2023 SCC OnLine SC 401 3 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 30th 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