Satish Chandra Agrawal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5928 MP

                                                                     1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT INDORE
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE PRANAY VERMA
                                                             ON THE 22nd OF APRIL, 2022

                                                       WRIT PETITION No. 9323 of 2022

                                         Between:-
                                         SATISH  CHANDRA     AGRAWAL   S/O  SHRI
                                         BABULALJI AGRAWAL, AGED ABOUT 65 YEARS,
                                         OCCUPATION: RETIRED JOINT DIRECTOR 311,
                                         DILPASAND GREEN, RMC-4, SCHEME NO. 140,
                                         PIPALYAHANA, INDORE (MADHYA PRADESH)

                                                                                                .....PETITIONER
                                         (BY SHRI SHISHIR KUMAR PUROHIT, ADVOCATE )

                                         AND

                                1.       THE STATE OF MADHYA PRADESH THROUGH
                                         PRINCIPAL SECRETARY, FARMER WELFARE AND
                                         AGRICULTURE DEVELOPMENT DEPARTMENT,
                                         VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

                                2.       COM M ISSIONER, DIRECTORATE OF FARMER
                                         WELFARE AND AGRICULTURE DEVELOPMENT,
                                         2ND FLOOR, C WING, VINDHYACHAL BHAWAN,
                                         ARERA HILLS, BHOPAL (MADHYA PRADESH)

                                3.       JOINT DIRECTOR, AGRICULTURE FARMER
                                         WELFARE AND AGRICULTURE DEVELOPMENT,
                                         COLLECTORATE    CAMPUS, MOTI  TABELA,
                                         INDORE (MADHYA PRADESH)

                                4.       DIVISIONAL     PENSION     OFFICER INDORE
                                         DIVISION, SATELLITE BHAWAN, COLLECTORATE
                                         CAMPUS, MOTI TABELA, INDORE (MADHYA
                                         PRADESH)

                                                                                              .....RESPONDENTS
                                         (BY SHRI SHREY RAJ SAXENA, DY. ADVOCATE GENERAL )

                                      T h is petition coming on for admission this day, the court passed the
                                following:
                                                                      ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :

“(A) That petition may kindly be allowed and petitioner may kindly be granted the annual increment which fell due on 01.07.2016 for the services rendered by him w.e.f. 01.07.2015 to 30.06.2016.

Signature Not Verified SAN (B) Petition may kindly be allowed by issuring appropriate Writ, order or direction by commanding the respondents to revise the pension by adding increment and pay the arrears due him with the interest @ 8% per Digitally signed by NEERAJ SARVATE Date: 2022.04.23 13:22:30 IST

annum.

(C) Any other relief which this Hon'ble Court deems fit may kindly be granted.â€​

2. It is submitted by the counsel for the petitioner that the petitioner stood retired

on 30.06.2016, whereas the next increment was payable from 01.07.2016 which has not been paid. It is submitted by the counsel for the petitioner that the judgment dated 15.09.2017 passed by the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal & Others passed in W.P.No. 15732/2017 was upheld by the Supreme Court in SLP (Civil) Diary No.(s) 22283/2018. Review Petition © No.1731/2019 was also dismissed by order dated 02.08.2019. Further, the Division Bench (Principal Seat) of this Court in the case of State of MP & Others vs. Rajendra Prasad Tiwari (Writ Appeal No.363/2020) by judgment dated 06.03.2020, has dismissed the writ appeal filed by the State and has held that the employee retiring on 30th June of a particular year is also entitled for the increment which was payable from 1st of July of the said year. Further, it is submitted that the petitioner has retired on 30.06.2016, but the increment which was payable from 01.07.2016, has not been paid and accordingly, he is entitled for the arrears as well as for re-fixation of his pension.

3. Per contra, the petition is opposed by the counsel for the respondent/State on the ground that in view of the facts and grounds as stated by the petitioner in the petition, he is not entitled for any relief.

4. Heard the learned counsel for the parties. In the available facts and circumstances of the case, it is directed that the pension of the petitioner be re- fixed after adding increment which was payable from 01.07.2016. Since the petitioner is found to be entitled for increment which was payable from 01.07.2016, therefore, the arrears shall carry interest @ 6% per annum till the final payment is made.

5. With aforesaid observations, this petition is finally disposed off.

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.04.23 13:22:30 IST (PRANAY VERMA)

JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.04.23 13:22:30 IST