Madhya Pradesh High Court
Arvind Kumar Jain vs The State Of Madhya Pradesh on 6 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 WP-21734-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 6 th OF AUGUST, 2024
WRIT PETITION No. 21734 of 2024
ARVIND KUMAR JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rishikesh Bohare - Advocate for the petitioner.
Shri Rohit Mishra - Additional Advocate General for the respondent/State.
ORDER
Per: Justice Vivek Rusia
1. The petitioner has approached this court by way of this petition claiming the benefit of annual increment w.e.f. 1st July 2020 along with arrears and interest. The petitioner retired from service on 30.06.2020 and all the terminal benefits were given to him by the respondents. Now he is claiming the annual increment w.e.f. 1st of July of that year, in light of the judgment passed by the Supreme Court of India in the case of The Director (Admn. and HR) KPTCL & Ors. Vs. C.P.Mundinamani & Ors. reported in 2023 SCC OnLine SC 401 , whereby the benefit of annual increment fell due on 1st July of every year has been directed to be given to all the Government employees who retired on 30th June of the relevant year.
2. Learned counsel for the petitioner submits that the present petitioner is also entitled to get the said benefit of the annual increment which became payable Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-08-2024 10:41:51 AM 2 WP-21734-2024 to him on 1st July with arrears and interest.
3. The learned State counsel appearing for the respondents/State is not disputing the entitlement of the petitioner for the grant of annual increment w.e.f. 01.07.2020 but objects to the payment of arrears and interest from 2020 as there is huge delay in filling the Writ Petition before this court. Learned State counsel has placed reliance on the judgment of the Apex Court in the case of Rushibhai Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation [2022 SCC OnLine SC 641] in which the arrears and interest for three years before the date of filing of the Writ Petition has been granted to the writ petitioner due to approaching the High Court with the delay.
4. Considering the aforesaid submissions of the rival parties and taking note of the judgment passed by the Supreme Court in the case of C.P. Mundinamani and Rushibhai Jagdishbhai Pathak (supra), this petition is allowed, by directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2020 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. The petitioner shall be entitled to arrears with interest only for three years before the date of filing of the writ petition.
5. With the aforesaid, the petition stands allowed to the extent indicated above.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 08-08-2024
10:41:51 AM
3 WP-21734-2024
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 08-08-2024
10:41:51 AM