CCJ‘IJOJ/ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. IZ"? (X2007 PETITIONER A /f/ Rajendra Kumar Tiwan' , aged ,‘v about 52 yaars S/o Late Shri C.L. ‘ Tiwari , Assistant Grade — 2, Attached at O/o Deputy Director , Veterinary Services, Kanker District Kanker ,C.G. (Originally posted runder Joint Director , Veterinary Services, Jagdalpur, District Bastar) VERSUS RESPONDENTS :1.The State of Chhattisgarh, through the / Secretary , Department of Veterinary Services , Mantralay — D.K.S. Bhawan, Raipur (CG): %\/i (é r) x .2? G} $9 /2 Director , Directorate of Veterinary Services , Near Guru Tej Bahadur Park, G.E. Road, Raipur (CG). / 3. Joint Director, Veterinary Services, Jagdalpur, District BastariCG). /4. Treasury e Officer, District Treasury , Jagdalpur, District Bastar (CG). K WRIT PETITION UNDER ARTICLE 22% OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER: As stated in the cause title above. ~ 0 HIGH COURT OF CHHA’ITISGARH AT BILASPUR WRIT PETITION (S) No. 1307 0f2007 : Rajendra Kumar Tiwari. VERSUS RESPONDENTS : The State of Chhattisgarh & Others. WRIT PETITION UNDER AR'HCLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’me Shri Satish K, Agnihotri, J. Present: Shri Rakesh Anthony, Advocate for the petitioner. t Shn' AV.Sh1idhar, Panel Lawyer for tho State/respondents. ORDER (ORAL) (Passed on 11m day of Januaxy, 201 1) 1. By this petition, the petitioner seeks a direction to the respondents to grant annual increment to the petitioner for the ad hoe period w.e.f 27.11.1984* tiil the date of passing of typing examination i.e. 29.03.1990 with interest at the rate of 18% per annum on the amount of arrears ofincrement. 2. Shri Shridhar, learned counsel appearing for the State/respondents submits that the State Govemment, by memo dated 05.10.2007, directed the Joint Director, Veterinary Services, Jagdalpur, that the petitioner is entitled to grant of increment as per the memo No. 138/621/92/Ni.1/Four, dated 18.08.1993 of the Finance Department. He iiirther submits that thereatter, by order dated 04.04.2009 (Annexure D/l), the relief as sought for in this petition, has already been granted to the petitioner. 3. Be that as it may, since the State Government has already taken decision in accordance with law to grant legally admissible annual ‘ / J increment to the petitioner, there is no reason to continue with this petition. . So far as grant of interest at the rate 18% on the arrears ofthe amount of increment is concerned, the same may not be granted as it is neither ‘ a business concern nor the petitioner would have earned protit on the said amount of annual increment at the rate of 18% per annum. Thus, the submission for grant ofinterest, as aforestated, is rej ected. . In View of the above, the writ petition is disposed of. However, the State authorities are directed to proceed in accordance with law and make payment of the amount of annual increment, legally admissible to the petitioner, as expeditiously as possible, preferably within a period of six weeks from the date ofreceipt of a copy ofthis order. sm— Satish K. Agnihotri Judge ' I t Amit