Mohd. Mazahar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 12805 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 8 th OF AUGUST, 2023
                                           WRIT PETITION No. 19367 of 2023

                         BETWEEN:-
                         MOHD. MAZAHAR KHAN S/O MOHD. AKBAR KHAN,
                         AGED ABOUT 71 YEARS, OCCUPATION: SERVICE 184
                         AZAD NAGAR COLONY MAIN ROAD KHARGONE DIST.
                         KHARGONE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         ( BY AKASH RATHI-ADVOCATE) .

                         AND
                         1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                               SECRETARY REVENUE DEPARTMENT DIST.
                               BHOPAL (MADHYA PRADESH)

                         2.    C O L L E C T O R BARWANI       DIST.   BARWANI
                               (MADHYA PRADESH)

                         3.    SUB DIVISIONAL OFFICER REVENUE BARWANI
                               DIST. BARWANI (MADHYA PRADESH)

                         4.    TEHSILDAR BARWANI (MADHYA PRADESH)

                         5.    DISTRICT PENSION OFFICER BARWANI DIST.
                               BARWANI (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         ( BY SHRI AMAY BAJAJ- GOVERNMENT ADVOCATE)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                            ORDER

The issue involved in this writ petition has already been decided by this Court in W.P. No.2628/2023 (Bashant Kumar Rai Vs. State of M.P.) decided Signature Not Verified Signed by: PRAVEEN Signing time: 08-08-

2023 19:09:03

on 02.05.2023. The order dated 02.05.2023 is reproduced below:-

''By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2015 and the annual increment was to be added on 1st of July 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) whereinit has been held that benefit of annual increment which was to be added on 1of July every year shall be paid to the employee who got retired on 30 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 oe.added with effect from 01.07.2015 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.'' In view of above, the Writ Petition is disposed off. The order passed in the case of Bashant Kumar Rai (supra) shall apply mutandis mutatis in the present case also.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 08-08-

2023 19:09:03