Shiv Kumar Sharma vs Madhya Pradesh Pashchim Kshetra ...
2023 Latest Caselaw 12602 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                             ON THE 4 th OF AUGUST, 2023
                                           WRIT PETITION No. 8879 of 2019

                          BETWEEN:-
                          1.    SHIV KUMAR SHARMA S/O SHRI RAMJILAL
                                SHARMA, AGED ABOUT 62 YEARS, OCCUPATION:
                                RETD. EMPLOYEE, R/O 61, BIJLI NAGAR BICHOLI
                                ROAD, INDORE (MADHYA PRADESH)

                          2.    AZAM KHAN S/O SHRI LAL KHAN, AGED ABOUT
                                63  YEARS, OCCUPATION: SERVICE, R/O 634,
                                MOUTBARG          COLONY,        NAYATA
                                MUNDLA,DISTRICT INDORE (MADHYA PRADESH)

                          3.    JAGMOHAN PARIHAR S/O SHRI V.S. PARIHAR,
                                AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
                                EMPLOYEE R/O 2514, SUDAMA NAGAR, E-SECTOR,
                                INDORE(MADHYA PRADESH)

                          4.    MAHENDRA KUMAR PAL S/O SHRI G.R. PAL,
                                AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
                                EMPLOYEE, R/O 17-B, SECT, AYODHYAPURI
                                KODRIYA, MHOW (MADHYA PRADESH)

                                                                              .....PETITIONERS
                          (SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE PETITIONERS)

                          AND
                          1.    MADHYA PRADESH PASHCHIM KSHETRA VIDYUT
                                VITRAN CO.LTD. THROUGH ITS ADDITIONAL
                                SECRETARY, GPH COMPOUND, POLO GROUND,
                                INDORE (MADHYA PRADESH)

                          2.    CHIEF GENERAL MANAGER (H R AND A)
                                MADHYA PRADESH PASCHIM KSHETRA VIDYUT
                                VITRAN   COMPANY LIMITED, POLOGROUND,
                                INDORE (MADHYA PRADESH)

                          3.    SUPERINTENDENT ENGINEER, CITY CIRCLE,
                                MADHYA PRADESH PASCHIM KSHETRA VIDYUT
                                VITRAN   COMPANY LIMITED, POLOGROUND,
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/5/2023
12:44:17 PM
                                                      2
                                INDORE (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                          (SHRI VIJAY GULANI, LEARNED COUNSEL FOR THE RESPONDENTS)

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

By the instant petition, the petitioners are claiming that although they stood retired on 30.06.2015/2016 and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 KPTCK 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 petitioners are also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2015/2016 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed.

(S. A. DHARMADHIKARI) JUDGE

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 12:44:17 PM

pn

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 12:44:17 PM