Mangilal Jamliya vs The State Of Madhya Pradesh
2023 Latest Caselaw 12904 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 9 th OF AUGUST, 2023
                                               WRIT PETITION No. 19362 of 2023

                           BETWEEN:-
                           MANGILAL JAMLIYA S/O SHRI NARAYAN SINGH, AGED
                           ABOUT 69 YEARS, OCCUPATION: RETIRED VILLAGE
                           MOHNA, TEHSIL MOMAN BARODIYA DISTRICT
                           SHAJAPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI PRITAM SINGH KUSHWAHA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 EDUCATION DEPARTMENT VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION   OFFICER DISTRICT
                                 SHAJAPUR (MADHYA PRADESH)

                           3.    DISTRICT    TREASURY   OFFICER DISTRICT
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (MS.PRANJALI YAJURVEDI - PANEL LAWYER)

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

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.

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 Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/08/2023 10:01:06 AM

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 petitioner is 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 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 Court.

4. With the aforesaid, the petition stands allowed.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/08/2023 10:01:06 AM