Prabhakar Raut vs The State Of Madhya Pradesh
2023 Latest Caselaw 6119 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 17 th OF APRIL, 2023
                                            WRIT PETITION No. 8126 of 2023

                          BETWEEN:-
                          PRABHAKAR RAUT S/O LATE SHRI S.T. RAUT, AGED
                          ABOUT 64 YEARS, OCCUPATION: RETD. DSP (PHOTO)
                          O/O ADG (CID) PHQ JAHANGIRABAD BHOPAL R/O H.N.
                          110 ADHAR SHILA BARKHEDA PATHANI BHOPAL
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI ATUL KUMAR RAI- ADVOCATE)

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

                          2.    STATE OF MP THROUGH SECRETARY FINANCE
                                D EPARTM EN T VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          3.    DIRECTOR   GENERAL    OF  POLICE   PHQ
                                JAHANGIRABAD, BHOPAL (MADHYA PRADESH)

                          4.    ADG      (ADDM) C.I.D. VIGILANCE   PHQ
                                JAHANGIRABAD BHOPAL (MADHYA PRADESH)

                          5.    JOINT DIRECTOR ACCOUNT TREASURY AND
                                PENSION SATPURA BHAWAN, BHOPAL (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SMT. GULABKALI PATEL - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/19/2023 10:51:17 AM

The present petition has been preferred under Article 226 of Constitution of India seeking following relief :-

"(i). To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2020 to the petitioner and petitioner is praying for quashing of the representation rejection order dated 24.02.2021 (Annexure-P/7),

(ii). To direct the respondents to pay the annual increment, and arrears due from 01.07.2020, with interest of 12% per annum.

(iii). May kindly be directed to the respondents, to consider representation of the petitioner in the light of judgment passed by this

Hon'ble Court.

(iv). Any other relief which deemed fit looking to the facts and circumstances of the case.

(v). To award the cost of the petition."

2 . I t is the submission of learned counsel for the petitioner that the petitioner superannuated on 30.06.2020. He is seeking increment which comes into force on 1st of July of any year. Therefore, he be given the benefit of increment to be payable on 1st of July.

3. Learned Government Advocate for respondent/State informs this Court that the matter is pending before Full Bench of this Court by way of W.P. No.4118/2020. Learned Government Advocate refers pendency of SLP (SLP (C) No.8219/2020).

4. Considering the submissions of learned counsel for the parties, this petition is disposed of with a direction to the respondents/authorities that if the issue pending before Full Bench and Supreme Court has been decided in favour

Signature Not Verified of the petitioner and if petitioner is found entitled to get the benefit of increment Signed by: RAVIKANT KEWAT Signing time: 4/19/2023 10:51:17 AM

payable on 1st of July of any year immediate or subsequent to retirement of petitioner on 30th June of that year then benefit of one annual increment be added w.e.f. 01.07.2019 upto 30.06.2020 to the petitioner.

5. Needless to say that said benefit be extended to him if the petitioner informs the concerned authorities about the said order.

6. It is made clear that case of the petitioner may be considered then and there only, so that petitioner may not have to approach this Court again for the same relief. It is further clarified that if petitioner is found not entitled for the said benefit, then his case shall be rejected accordingly under due intimation to the petitioner.

7. With the above, petition stands disposed of.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/19/2023 10:51:17 AM