Vijay Kumar Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 12507 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                              ON THE 3 rd OF AUGUST, 2023
                                            WRIT PETITION No. 19162 of 2023

                         BETWEEN:-
                         VIJAY KUMAR TIWARI S/O SHRI NAHELAL TIWARI,
                         AGED ABOUT 62 YEARS, OCCUPATION: RETIRED SOIL
                         CONSERVATION SURVEY OFFICER R/O AJAYGARH
                         CHOURAHA PANNA (MADHYA PRADESH)

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

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY FARMER WELFARE AND
                               AGRICULTURE DEVELOPMENT DEPARTMENT
                               2ND FLOOR, C- WING, VINDHYACHAL BHAWAN
                               ARERA HILLS (MADHYA PRADESH)

                         2.    OFFICE OF ASSISTANT SOIL CONSERVATION
                               O F F I C E R THROUGH  ASSISTANT    SOIL
                               CONSERVATION OFFICER SUB DIVISION PANNA
                               DISTRICT PANNA (MADHYA PRADESH)

                         3.    OFFICE OF DEPUTY DIRECTOR FARMER
                               WELFARE AND AGRICULTURE DEPARTMENT
                               THROUGH DEPUTY DIRECTOR DISTRICT PANNA
                               (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (BY SHRI PRAVEEN NAMDEO - GOVT. ADVOCATE)

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

By the instant petition, the petitioner is claiming that although he stood

retired on 30.06.2022 and the annual increment was to be added on 1st of July Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/4/2023 11:59:17 AM

of that year, but he was not granted the said benefit.

Learned counsel for the petitioner submits that the issue involved in the present case has already been settled by the Supreme Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCL} and Ors Vs. C.P. Mundinamani & Ors) wherein it has been held that benefit of annual

increment which was to be added on 1st of July every year shall be paid to the

employee who got retired on 30th of June of the said year, therefore the present petitioner is also entitled to get the said benefit.

Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petition is allowed,

directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2022 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of three months from the date of submitting copy of this order.

With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/4/2023 11:59:17 AM