Smt. Sudha Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 13185 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 14 th OF AUGUST, 2023
                                          WRIT PETITION No. 2254 of 2023

                          BETWEEN:-
                          SMT. SUDHA RAI W/O SHRI JAMNA PRASAD RAI, AGED
                          ABOUT 62 YEARS, OCCUPATION: RTD UPPER DIVISION
                          TEACHER GOVT. MIDDLE SCHOOL SANAI DONGRI
                          TEHSIL LAKHNADOUN DISTRICT SEONI WARD NO. 5
                          LAKHNADOUN DISTRICT SEONI (MADHYA PRADESH)

                                                                           .....PETITIONER
                          (BY SHRI MANOJ KUMAR MISHRA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE    SECRETARY   TRIBAL    WELFARE
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    THE STATE OF M.P. THROUGH THE SECRETARY
                                FINANCE    DEPARTMENT VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          3.    THE       COLLECTOR TRIBAL      WELFARE
                                DEPARTMENT SEONI DISTRICT SEONI (MADHYA
                                PRADESH)

                          4.    THE   ASSISTANT   COMMISSIONER TRIBAL
                                WELFARE DEPARTMENT SEONI DISTRICT SEONI
                                (MADHYA PRADESH)

                          5.    THE     BLOCK   DEVELOPMENT   OFFICER
                                LAKHNADOUN TEHSIL LAKHNADOUN DISTRICT
                                SEONI (MADHYA PRADESH)

                          6.    THE JOINT DIRECTOR TREASURY ACCOUNT AND
                                P E N S I O N JABALPUR DIVISION JABALPUR
                                (MADHYA PRADESH)

                          7.    DISTRICT TREASURY AND ACCOUNT OFFICER
Signature Not Verified
                                SEONI DISTRICT SEONI (MADHYA PRADESH)
Signed by: PRADYUMNA
BARVE
Signing time: 8/16/2023
12:24:31 PM
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                                                                                        .....RESPONDENTS
                          (BY SHRI PRADEEP SINGH - GOVT. ADVOCATE)

                                 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 30.06.2022 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 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 01.07.2022 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.

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/16/2023 12:24:31 PM