Disposed

Birendra Kumar Gain v. Union of India

Chhattisgarh HC12 Dec 2024WPS/2198/2024

Case brief

AI extract

What is this about?

Retired CISF inspector sought one annual increment for service rendered in the year preceding his 30.06.2011 retirement for pension fixation. The Union cited an October 2024 DoPT circular granting such increment to 30th June retirees; the Court directed the respondents to reconsider adding the increment and revise pensionary dues within four months.

What the court decided

AI extract

Birendra Kumar Gain Vs Union of India — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Digitally signed by REKHA SINGH

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2024:CGHC:49356

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2198 of 2024

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1 - Birendra Kumar Gain S/o Shri Hemant Kumar Gain, Aged About 73 Years Occupation-Retired Inspector, (Ppo No. 232831106961), R/o Village- Jugani, Tahsil And Post- Pharsagaon, District-Kondagaon (C.G.)

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... Petitioner(s)

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versus

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1 - Union Of India Through The Secretary, Ministry Of Home Affairs, North Block, New Delhi- 110001

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2 - The Central Industrial Security Force, Through The Director General Of C.I.F.S., Cifs Headquarter, 13-Cgo's Complex, Lodhi Road, New Delhi 110003.

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3 - The Central Pension Office, Through Its Senior Account Officer, Government Of India, Trikoot-Ii, Bhikaji Cama Place, New Delhi- 110066

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---- Respondents

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For Petitioner : Mr. Neeraj Choubey, Advocate For Union of India : Mr. Ramakant Mishra, Deputy Solicitor General along with Ms. Sweta Rai, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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13.12.2024

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The petitioner has filed this petition seeking the following relief (s) :

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“10.1 That, the Hon'ble High Court may kindly be please to allow the instant writ petition by hold that, the petitioner is entitled to earned the increment for rendering his one-year service prior to his retirement therefore issue the appropriate writ by directing the respondent to release one increment from 30th June 2011 along with all the others consequential service benefit to the petitioner.

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10.2 That, the Hon'ble Court may kindly be please to issue the appropriate order/direction to the respondent No.3 to revise the pension and other retrial dues of the petitioner after encoding one increment in the last pay of the petitioner and thereafter released the arrears accordingly along with the interest @ 12% P.A. to the petitioner.

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10.3 That, the Hon'ble High Court may kindly be pleased to grant any other suitable, appropriate relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case along with the cost of the petition.”

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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 to on continuous working for one year before the date of retirement.

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The case of the petitioner is that he retired from services on 30.06.2011 and was entitled to the benefit of one increment from 1st July. According to the petitioner, he was entitled to the increment for the services rendered in the previous year and therefore has earned the said benefit while granting pensionary benefits, that one increment which fell due on working for one year before retirement in the previous year, should have been added for

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the purpose of determining pension and pensionary benefits.

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At this juncture, Mr. Mishra, the learned Deputy Solicitor General appearing for Union of India brought to the notice of the Court a recent circular of the Government of India, Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training dated 14^th of October, 2024 whereby the Central Government, 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.

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Given the aforesaid decision of the Central Govt. dated 14^th of October,2024, 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 to. Let this exercise be completed by the respondents within a period of four months from the date of receipt of a copy of this order.

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The writ petition accordingly stands disposed of .

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Birendra Kumar Gain v. Union of India

Case brief

What is this about?

What the court decided

Birendra Kumar Gain v. Union of India

Case brief

What is this about?

What the court decided

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