Ravi Dutta Rawat vs State Of Madhya Pradesh
2023 Latest Caselaw 12653 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 7 th OF AUGUST, 2023
                                           WRIT PETITION No. 8089 of 2019

                           BETWEEN:-
                           1.    RAVI    DUTTA     RAWAT  S/O  LATE   SHRI
                                 RAMESHWAR PRASAD RAWAT, AGED ABOUT 65
                                 Y E A R S , OCCUPATION: RETIRED    MUKHYA
                                 PRAHARI R/O H.NO. 632/17, RAMNAGAR, NEAR
                                 SANJIVAN HOSPITAL, ADHARTAL, JABALPUR
                                 (MADHYA PRADESH)

                           2.    SURENDRA TIWARI S/O LATE SHRI BHAGWAN
                                 DAS TIWARI, AGED ABOUT 65 YEARS, C/O
                                 SANJAUY TIWARI H. NO. H-21 HOUSING BOARD
                                 COLONY KANCHGHAR JABALPUR (MADHYA
                                 PRADESH)

                           3.    BASANT SINGH S/O LATE SHRI BHUPAI RAM,
                                 AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                                 MUKHYA PRAHAARI Q. NO. P-31 HOUSING BOARD
                                 COLONY KANCHGHAR JABALPUR (MADHYA
                                 PRADESH)

                           4.    RADHE SHYAM UPADHYAYA S/O LATE SHRI BABU
                                 LAL UPADHYAYA, AGED ABOUT 63 YEARS,
                                 OCCUPATION: RETIRED MUKHYA PRAHARI VILL.
                                 KUMWA TAH. BAHORIBAND DISTT. KATNI
                                 (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI JAGDAMBA BUX SINGH - ADVOCATE)

                           AND
                           1.    STATE   OF   MADHYA    PRADESH    THR.ITS
                                 PRINCIPAL SECRETARY JAIL AND REFORMATIVE
                                 SERVICES MANTRALAYA VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    DIRECTOR   GENERAL     OF   JAIL   AND
                                 REFORMATIVE SERVICES JAIL HEAD QUARTER
                                 BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 10-08-2023
18:11:40
                                                                 2
                           3.    DIVISIONAL       PENSION            OFFICER MPSRTC
                                 PA R I S A R SOUTH CIVIL           LINES JABALPUR
                                 (MADHYA PRADESH)

                           4.    SUPERINTENDENT NETAJI SUBHASH CHANDRA
                                 BOSE   CENTRAL JAIL JABALPUR (MADHYA
                                 PRADESH)

                                                                                            .....RESPONDENTS
                           (BY SHRI K.S.BAGHEL - GOVERNMENT ADVOCATE)

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

B y the instant petition, the petitioners are claiming that although they stood retired on 30.06.2013, 30.06.2013, 30.06.2015 and 30.06.2015

respectively, 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} KPTCL and Ors Vs. C.P. Mundinamani and 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. No other argument is advanced by the counsel for the petitioner.

4. 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.

5. It is directed that the petitioners are entitled for the benefit of annual

increment, which was to be added with effect from 1st of July.

6. Accordingly, the respondents are directed to recalculate the retiral dues Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 10-08-2023 18:11:40

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 order.

7. However, the petitioners had superannuated on 30.06.2013, 30.06.2013, 30.06.2015 and 30.06.2015 respectively, thus the petitioners were the fence sitters and he did not approach the Court and it is well established principle of law that the Court can deny relief to similarly situated person, who was not vigilant for his rights and approached the Court by waking up only after the rights of vigilant litigants were adjudicated by the court.

8. Since the petitioners were fence-sitters, therefore by extending the benefit of the judgment passed by the Supreme Court in the case of The Director (Admn. and HR KPTCL) (supra), it is held that the petitioners shall not be entitled for arrears but shall only be entitled for refixation of pension payable in future.

9. With aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 10-08-2023 18:11:40