J. P. Keswani vs Municipal Corporation Bhopal
2022 Latest Caselaw 8268 MP

                                                          1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 22nd OF JUNE, 2022

                                         WRIT PETITION No. 11553 of 2022

                              Between:-
                              J. P. KESWANI S/O SHRI KHEMCHAND
                              KESWANI , AGED ABOUT 71 YEARS,
                              OCCUPATION:        RETIRED      DEPUTY
                              COMMISSIONER R/O 136-C, 8TH FLOOR,
                              PLATINUM PARK, MATA MANDIR, SOUTH T.T.
                              NAGAR, BHOPAL M.P. (MADHYA PRADESH)

                                                                                        .....PETITIONER
                              (BY SHRI S. P. MISHRA, ADVOCATE )

                              AND

                      1.      MUNICIPAL CORPORATION BHOPAL THROUGH
                              ITS COMMISSIONER HEAD OFFICE, MATA
                              MANDIR/ISBT, SOUTH T.T. NAGAR, BHOPAL
                              (M.P.) (MADHYA PRADESH)

                      2.      COMMISSIONER MUNICIPAL CORPORATION
                              BHOPAL M.P (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                              (BY SHRI K. S. BAGHEL, GOVT. ADVOCATE)

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

                      following:
                                                           ORDER

Petitioner has filed this petition under Article 226 of Constitution of India, making a prayer to direct respondents to pay annual increment to petitioner which fell due on 17.7.2010.

Learned counsel for petitioner submitted that identical matter has been Signature SAN Not Verified considered and decided by Division Bench of this Court in W.A No.363/2020 Digitally signed by MONSI M SIMON vide order dated 6.3.2020. Case of petitioner is identical to that of W.A Date: 2022.06.23 10:59:37 IST

No.363/2020 and, therefore, petitioner is entitled to same relief.

Learned Govt. Advocate appearing for the respondent/State submitted that representation preferred by petitioner shall be considered and decided in accordance with law.

Heard the learned counsel for the parties. Division Bench of this Court in W.A No.363/2020 vide order dated 6.3.2020 held as under in para-11:-

"11. In the case at hand, the respondent having worked the entire year, cannot be deprived of increment, merely because he stood retired on 30th June and increment fell due on 1st July. Looking from another angle,

the year which starts from 1st of July ends on 30th June of ensuing year, and not on 1st July. In view whereof, the petitioner is rightly held entitled for adding increment which fell due on 1st July."

I n view of aforesaid judgment, petitioner is entitled for one increment which fell due on 1.7.2010. Accordingly, respondents are directed to grant petitioner one increment which fell due on 1.7.2010.

Writ petition filed by petitioner is allowed to the aforesaid extent. C.C as per rules.

                                                                                  (VISHAL DHAGAT)
                                                                                       JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2022.06.23
10:59:37 IST