Khuman Singh Chauhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 8548 MP

                                                          1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 28th OF JUNE, 2022

                                         WRIT PETITION No. 10862 of 2022

                              Between:-
                              KHUMAN SINGH CHAUHAN S/O HIRA JI
                              CHAUHAN , AGED ABOUT 63 YEARS,
                              OCCUPATION: ASSISTANT TEACHER R/O
                              VILLAGE AND POST PIPALYATAHAR, EAST
                              NIMAD,   TAHSIL    KHANDWA    DISTRICT
                              KHANDWA (M.P.) (MADHYA PRADESH)

                                                                                        .....PETITIONER
                              (BY MS VANDANA TRIPATHI, ADVOCATE)

                              AND

                      1.      THE STATE OF MADHYA PRADESH THROUGH
                              PRINCIPAL SECRETARY SCHOOL EDUCATION
                              DEPARTMENT VALLABH BHAWAN BHOPAL
                              (MP) (MADHYA PRADESH)

                      2.      DISTRICT EDUCATION OFFICER KHANDWA
                              DISTRICT KHANDWA M.P. (MADHYA PRADESH)

                      3.      BLOCK EDUCATION OFFICER KHANDWA
                              DISTRICT KHANDWA M.P. (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                              (BY SHRI LALIT JOGELKAR, GOVERNMENT ADVOCATE)

                            Th is petition coming on for hearing 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

Signature SAN Not which fell due on 01.7.2015.

Verified

Digitally signed by Learned counsel for petitioner submitted that identical matter has been ARVIND KUMAR DUBEY Date: 2022.06.29 11:36:11 IST

considered and decided by Division Bench of this Court in W.A No.363/2020 vide order dated 6.3.2020. Case of petitioner is identical to that of W.A 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 1.7.2015. Accordingly, respondents are directed to grant petitioner one increment which fell due on 1.7.2015.

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

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2022.06.29
11:36:11 IST