Atindra Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12423 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. 19125 of 2023

                           BETWEEN:-
                           ATINDRA SINGH TOMAR S/O SHRI S.S. TOMAR, AGED
                           ABOUT 67 YEARS, R/O CH 18, DEEN DAYAL NAGAR,
                           GWALIOR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI ABHISHEK MISHRA - ADVOCATE)

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

                           2.    C O M M I S S I O N E R HIGHER EDUCATION
                                 D EPARTM EN T SATPURA BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT PENSION OFFICER GWALIOR (MADHYA
                                 PRADESH)

                           4.    P R I N C I PA L DR. BHAGWAT SAHAY GOVT
                                 COLLEGE CHAR SAHAR KA NAKA, GWALIOR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI S.S. KUSHWAHA - 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 preferred being aggrieved by the illegal and arbitrary action on the part of Signature Not Verified Signed by: ASHISH PAWAR Signing time: 05-08-2023 05:10:55 PM

the respondent authority while not granting the benefit of one increment w.e.f. 01st of July as the petitioner was superannuated on 30.06.2021.

At the outset, learned counsel for the petitioner placed reliance in the matter of T h e Director (Admn. and HR) KPTCL and Ors. vs. C.P. Mundinamani and Ors. reported in Civil Appeal No.2471/2023 in SLP (c) No.6185/2020 dated 11.04.2023, whereby this controversy has been put to rest and has been directed that even the retired employees would be entitled for grant of benefit of one increment w.e.f. 01.07.2021 even if the person has superannuated on 30.06.2021.

This fact has not been controverted by Shri S.S. Kushwaha, learned

Govt. Advocate.

I n light of the judgment passed by the Apex Court, this petition is disposed of in similar terms and the respondents are, therefore, directed to revise the pension which is being granted to the petitioner within three months from the date of receipt of certified copy of this order.

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

(MILIND RAMESH PHADKE) JUDGE Pawar

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