Kamal Kishore Parashar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12360 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 3 rd OF AUGUST, 2023
                                           WRIT PETITION No. 19163 of 2023

                           BETWEEN:-
                           1.    KAMAL KISHORE PARASHAR S/O LATE SHRI
                                 HARIKISHAN PARASHAR, AGED ABOUT 64 YEARS,
                                 OCCUPATION: RETIRED, R/O GOYAL COLNY,
                                 JHANSI ROAD GWALIOR (MADHYA PRADESH)

                           2.    SATYENDRA    KUMAR      GOSWAMI    S/O
                                 SIYASHARAN,, AGED   ABOUT   63  YEARS,
                                 OCCUPATION: RETIRED, R/O   DHONDAPOUR
                                 GWALIOR (MADHYA PRADESH)

                           3.    LAL SINGH AMB DEVLAL, AGED ABOUT 66
                                 YEAR S , OCCUPATION: RETIRED WARD NO. 9
                                 DABRA DISTRICT GWALIOR (MADHYA PRADESH)

                           4.    POORAN SINGH PALASH, S/O NAHAR SINGH
                                 PALASH, AGED ABOUT 74 YEARS, OCCUPATION:
                                 RETIRED R/O NAI BASTI AMARPURA MISHRA
                                 PETROL PUMP DABRA TEKANPUR, GWALIOR
                                 (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI PRASHANT SHARMA - ADVOCATE)

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

                           2.    COM M IS S ION ER DIRECTORATE OF PUBLIC
                                 I N S TR UCTI ON S GAUTAM NAGAR  BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT DIRECTOR , DIRECTORATE OF PUBLIC
                                 INSTRUCTIONS GWALIOR (MADHYA PRADESH)

                           4.    DISTRICT   EDUCATION    OFFICER GWALIOR
                                 DISTRICT GWALIOR (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 05-08-2023
05:10:55 PM
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                           5.    DISTRICT EDUCATION OFFICER DATIA DISTRICT
                                 DATIA (MADHYA PRADESH)

                           6.    DISTRICT PENSION OFFICER GWALIOR DISTRIT
                                 GWALIOR (MADHYA PRADESH)

                           7.    DISTRICT PENSION OFFICER, DATIA DISTRICT
                                 DATIA (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI PAWAN SINGH RAGHUVANSHI - GOVERNMENT ADVOCATE)

                                 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 1.7.2022, 1.7.2011, 1.7.2017 and 1.7.2022 to the petitioners no.1,2,3, and 4 respectively, whereas the petitioners have completed service of required period in preceding year from the date of last increment and retired on 30.6.2022, 30.6.2011, 30.6.2017 and 30.6.2022 respectively, despite of various orders of Hon'ble Apex court and High Courts.

At the outset, learned counsel for the petitioners 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 Signature Not Verified Signed by: ASHISH PAWAR Signing time: 05-08-2023 05:10:55 PM

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 petitioners have stood retired on 30.6.2022, 30.6.2011, 30.6.2017 and 30.6.2022 respectively, therefore, they are entitled for availing the benefit of annual increment which would be added on 01.07.2022, 1.7.2011, 1.7.2017 and 1.7.2022 respectively.

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, they pray for deferment of the matter till the 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 petitioners are entitled for the benefit of annual increment which will fell due on first day of July of the year of their retirement and the respondents are, therefore, directed to grant the benefit of annual increment and recalculate the benefit of retiral dues and pension of the petitioners and issue fresh pension payment order in favour of the petitioners, 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.

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 05-08-2023 05:10:55 PM

(MILIND RAMESH PHADKE) JUDGE Pawar

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 05-08-2023 05:10:55 PM