Raj Kishore Sen vs The State Of Madhya Pradesh

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                               ON THE 1 st OF AUGUST, 2023
                                             WRIT PETITION No. 18353 of 2023

                          BETWEEN:-
                          RAJ KISHORE SEN S/O LATE CHATURBHUJ SEN, AGED
                          ABOUT 64 YEARS, OCCUPATION: RETIRED INSPECTOR
                          OFFICIATING DSP HUMAN RIGHT COMMISSION
                          BHOPAL SHRIVASTAVA COLONY CHOUPRA KHURD
                          DISTRICT DAMOH (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI SANJAY KUMAR GUPTA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                SECRETARY HOME AFFAIR VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    DIRECTOR GENERAL OF POLICE M.P. POLICE
                                HEAD     QUARTER JAHANGIRABAD BHOPAL
                                (MADHYA PRADESH)

                          3.    THE CHAIRMAN HUMAN RIGHTS COMMISSION
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          4.    DISTRICT PENSION OFFICER BHOPAL DISTRICT
                                BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2021 and the annual increment was to be added on 1st of July Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 8/2/2023 1:22:43 PM 2 of that year, but he was not granted the said benefit.

2. Learned counsel for the petitioner submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCL and Ors Vs. C.P. Mundinamani & Ors) wherein it has been held that benefit of annual increment which was to be added on 1st of July every year shall be paid to the employee who got retired on 30th of June of the said year, therefore the present petitioner is also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE kafeel Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 8/2/2023 1:22:43 PM