Jugal Kishor Gangwal vs The State Of Madhya Pradesh
2023 Latest Caselaw 12588 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 4 th OF AUGUST, 2023
                                          WRIT PETITION No. 18700 of 2023

                          BETWEEN:-
                          JUGAL KISHOR GANGWAL S/O LATE BHERU LAL
                          GANGWAL, AGED-69 YEARS, OCCUPATION: RETIRED
                          EMPLOYEE ON THE POST OF GRADE-2 R/O GEETA
                          BHAWAN SHEOPUR DISTRICT SHEOPUR (MADHYA
                          PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI S.S. RAWAT- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                FARMER    WELFARE  AND   AGRICULTURE
                                DEVELOPMENT, VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    COM M I S S I ON ER FARMER   WELFARE AND
                                AGRICULTURE DEVELOPMENT DEPARTMENT
                                VALLABH       BHAWAN,    BHOPAL   (MADHYA
                                PRADESH)

                          3.    JOINT DIRECTOR FARMER WELFARE AND
                                AGRICULTURE DEVELOPMENT DEPARTMENT
                                SHEOPUR (MADHYA PRADESH)

                          4.    JOINT   DIRECTOR FARMER WELFARE AND
                                AGRICULTURE DEVELOPMENT DEPARTMENT
                                CHAMBAL    DIVISION  MORENA  (MADHYA
                                PRADESH)

                          5.    JOINT DIRECTOR DIRECTORATE OF TREASURY
                                AND    ACCOUNTS MOTI MAHAL, GWALIOR
                                (MADHYA PRADESH)

                          6.    DISTRICT PENSION OFFICER SHEOPUR (MADHYA
                                PRADESH)
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 05-Aug-23
11:24:07 AM
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                                                                                        .....RESPONDENTS
                          (BY SHRI DEEPAK KHOT- 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 01.07.2014 to the petitioner, whereas the petitioner has completed service of required period in preceding year from the date of last increment and retired on 30.06.2014 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 30.06.2014, therefore, he is entitled for availing the benefit of annual increment which would be added on 01.07.2014.

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

Signature Not Verified between the two Benches of this Court the subject matter was referred to a large Signed by: CHANDNI NARWARIYA Signing time: 05-Aug-23 11:24:07 AM

Bench which is still pending, thus, he prays 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 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 Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 05-Aug-23 11:24:07 AM