Rasendra Kumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 12712 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 7 th OF AUGUST, 2023
                                              WRIT PETITION No. 8191 of 2021

                           BETWEEN:-
                           RASENDRA KUMAR SHARMA S/O MADANLAL
                           SHARMA, AGED ABOUT 62 YEARS, OCCUPATION:
                           RETIRED 22, 'AKANSHA', SHUKLA COLONY (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI R.R. BHATNAGAR, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR.
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (M.P.) (MADHYA PRADESH)

                           2.    COMMISSIONER   PUBLIC  INSTRUCTIONS
                                 SCHOOL EDUCATON DEPARTMENT GOUTAM
                                 NAGAR NEAR CHETAK BRIDGE (MADHYA
                                 PRADESH)

                           3.    DISTRICT  EDUCATION   OFFICER SCHOOL
                                 EDUCATION        DEPARTMENT MANDSAUR
                                 (MADHYA PRADESH)

                           4.    DISTRICT   PENSION           OFFICER MANDSAUR
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. BHAGYASHREE GUPTA, G.A.)

                                 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 30.06.2020 and the annual increment was to be added on 1st of July Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 07-08-2023 17:51:49

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

2. 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.

3. 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 30.6.2020 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.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 07-08-2023 17:51:49