Smt. Vijay Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 12244 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 1 st OF AUGUST, 2023
                                          WRIT PETITION No. 18766 of 2023

                          BETWEEN:-
                          SMT. VIJAY SHRIVASTAVA W/O LATE SHRI M K
                          SHRIVASTAVA, AGED ABOUT 65 YEARS, OCCUPATION:
                          PENSIONER (SEWANIVRIT PRADHAYN ADHYAPAK
                          SHASKIY MADHYMIK VIDHYALAY GUNA TEHSIL AND
                          BLOCK GUNA SANKUL KENDRA SHASKIY UCHCHTAR
                          MADHYMIK VIDHALAY NO 2 GUNA D.D.O. B.E.O GUNA
                          DISTRICT GUNA MAHENDRA SMRITI CHOUDHARAN
                          COLONY CHRIST SCHOOL KE PASS GUNA DISTRICT
                          GUNA (MADHYA PRADESH)

                                                                                .....PETITIONER
                          (BY SHRI NIRAJ SHRIVASTAVA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    DISTRICT  EDUCATION  OFFICER         SCHOOL
                                EDUCATION   DEPARTMENT GUNA         (MADHYA
                                PRADESH)

                          3.    SAMBHAGIYA     SANYUKAT     SANCHALAK
                                DIRECTORATE OF TREASURY AND ACCOUNTS
                                RAJASV    BHAWAN    HARISHANKARPURAM
                                (MADHYA PRADESH)

                          4.    DISTRICT TREASURY OFFICER DIRECTORATE OF
                                TREASURY AND ACCOUNTS GUNA (MADHYA
                                PRADESH)

                          5.    DISTRICT PENSION OFFICER DIRECTORATE OF
                                PENSION GUNA (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                          (BY SHRI SHIRAZ QURESHI - GOVERNMENT ADVOCATE )
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 02-Aug-23
5:25:19 PM
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                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

The present petition under Article 226 of the Constitution of India has been directed against the inaction on the part of the respondents in not granting the annual increment which fell due on 01.07.2020 to the petitioner, whereas the petitioner has completed service of required period in preceding year from the date of last increment and retired on 30.06.2020 despite of various orders of Hon'ble apex court and High Courts.

At the outset, learned counsel for the petitioner while placing reliance in the matter of Dr. Rameshwar Prasad Gupta vs. State of Madhya Pradesh

passed in W.P. No. 12902/2023 dated 15.06.2023 submitted that the controversy has been put to rest by this Court, wherein reliance was placed in the matter of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., passed in Civil Appeal No.2471/2023 dated 11.04.2023 whereby after considering the judgments of different High Courts including this Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It was further submitted that as the controversy is now no longer res integra and the present petitioner has stood retired on 30.06.2020, therefore, he is entitled for availing the benefit of annual increment which would be added on 01.07.2020.

Learned State counsel submits that the controversy though appears to be put to rest by the Hon'ble Apex court that earlier due to difference of opinion between the two Benches of this Court the subject matter was referred to a large Bench which is still pending, thus, he prays for deferment of the matter till the Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 02-Aug-23 5:25:19 PM

decision of the larger Bench.

After hearing counsels for the parties and perusing the record, this Court finds that the said controversy has already been put to rest by the Hon'ble Apex Court which has been elucidated by this Court in the matter o f Dr. Rameshwar Prasad Gupta vs. State of M.P. (supra).

Resultantly, it is held that the petitioner is entitled for the benefit of annual increment which will fell due on first day of July of the year of his retirement and the respondent is, therefore, directed to grant the benefit of annual increment and recalculate the benefit of retiral dues and pension of the petitioner and issue fresh pension payment order in favour of the petitioner, if not already issued.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of. E-copy/certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Rohit

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 02-Aug-23 5:25:19 PM