Ramprakash Sharma vs Tribal Development Department
2023 Latest Caselaw 13196 MP

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                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 14 th OF AUGUST, 2023
                                             WRIT PETITION No. 5015 of 2020

                           BETWEEN:-
                           RAMPRAKASH SHARMA S/O SHRI VIDHYARAM JI
                           SHARMA, AGED ABOUT 65 YEARS, OCCUPATION: RETD.
                           GOVT. SERVANT C-621, ANAND NAGAR BOHDAPUR
                           GWALIOR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI V.K. PATWARI, ADVOCATE)

                           AND
                           1.    TRIBAL    DEVELOPMENT     DEPARTMENT
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER      TRIBAL DEVELOPMENT
                                 D EPARTM EN T SATPUDA BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           3.    DEPUTY      COMMISSIONER       TRIBAL
                                 DEVELOPMENT DEPARTMENT INDORE DIVISION
                                 INDORE (MADHYA PRADESH)

                           4.    ASSISTANT     COMMISSIONER     TRIBAL
                                 DEVELOPMENT DEPARTMENT DHAR DIST DHAR
                                 (MADHYA PRADESH)

                           5.    DISTRICT TREASURY OFFICER DIRECTORATE OF
                                 TREASURY    AND     ACCOUNTS OFFICE   OF
                                 COLLECTOR DHAR DIST DHAR (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI, G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 14-08-2023
18:23:14
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                                                                   ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2014 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 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 01/07/2014 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.

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 14-08-2023 18:23:14