Om Prakash Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 13115 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                           ON THE 11 th OF AUGUST, 2023
                                          WRIT PETITION No. 11963 of 2021

                          BETWEEN:-
                          OM PRAKASH PANDEY S/O RAMCHARAN PANDEY,
                          AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                          (PENSIONER) SHIVAJI NAGAR AMKHO, LASHKAR,
                          GWALIOR (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI SANJEEV TIWARI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, DEPARTMENT OF
                                HIGHER   EDUCATION,     VALLABH BHAWAN
                                BHOPAL (M.P.) (MADHYA PRADESH)

                          2.    PR IN CIPAL GOVERNMENT ADARSH SCIENCE
                                CO LLEG E, GOVERNMENT ADARSH SCIENCE
                                COLLEGE     DISTRICT. GWALIOR (MADHYA
                                PRADESH)

                          3.    ADDITIONAL DIRECTOR HIGHER EDUCATION
                                REGIONAL OFFICE GWALIOR ADDRESS : MOTI
                                MAHAL CAMPUR NEAR TREASURY, GWALIOR
                                (MADHYA PRADESH)

                          4.    DISTRICT TREASURY OFFICER DIRECTORATE OF
                                TREASURY AND ACCOUNTS, ADDRESS : MOTI
                                MAHAL     TREASURER    OFFICE,  LASHKAR
                                GWALIOR (MADHYA PRADESH)

                          5.    DIVISIONAL JOINT DIRECTOR, DIRECTORATE OF
                                TREASURY AND ACCOUNTS, GWALIOR ADDRESS
                                GWALIOR AND CHAMBAL DIVISION MOTI
                                MAHAL GWALIOR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI VIVEK KHEDKAR - ADDL. AG FOR STATE)
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 11-Aug-23
5:16:09 PM
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                                  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 30.06.2019 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) and also in Civil Appeal No.4349 of 2023 (Dharam Pal Singh Vs. State of U.P. & 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.

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 01.07.2019 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.

(MILIND RAMESH PHADKE) JUDGE Rohit

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 11-Aug-23 5:16:09 PM