Vishnu Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 13199 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                            ON THE 14 th OF AUGUST, 2023
                                           WRIT PETITION No. 19897 of 2023

                           BETWEEN:-
                           VISHNU PRASAD S/O LATE MURLIDHAR ARYA, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETIRED (SAHAYAK
                           SIKSHAK) 71-72, RAJSAAV GRAM CHHATRIBAG
                           INDORE, DISTRICT INDORE (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (SHRI VISHAL PATIDAR, LEARNED COUNSEL FOR THE PETITIONER .

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRAMUKH
                                 SACHIV SCHOOL SHIKSHA VIBHAG VALLABH
                                 BHAWAN MANTRALAYA BHOPAL (MADHYA
                                 PRADESH)

                           2.    A A Y U K T LOK SHIKSHAN SANCHANALAYA
                                 MADHYA PRADESH SHASAN BHOPAL (MADHYA
                                 PRADESH)

                           3.    SANYUKT SANCHALAK LOK SHISHAN, SCHOOL
                                 SHIKSHA    VIBHAG INDORE, JILA INDORE
                                 (MADHYA PRADESH)

                           4.    JILA SHIKSHA ADHIKARI INDORE, JILA INDORE
                                 (MADHYA PRADESH)

                           5.    SANYUKT SANCHALAK KOSH, LEKHA, AVAM
                                 PENSION INDORE SAMBHAG INDORE (MADHYA
                                 PRADESH)

                           6.    SANKUL PRACHARYA SHASKIYA UCCHATTAR
                                 MADHYAMIK       VIDHYALAYA GANDHINAGAR
                                 INDORE JILA INDORE (MADHYA PRADESH)

                           7.    JILA  PENSION    ADHIKARI JILA PENSION
                                 KARYALAYA, INDORE (MADHYA PRADESH)

Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 14-08-2023
17:34:17
                                                                  2
                                                                                             .....RESPONDENTS
                           (SHRI TARUN KUSHWAH - G.A. FOR STATE)

                                    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 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 01/07/2022 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 the order passed by this Court.

4. With the aforesaid, the petition stands allowed.

(VIVEK RUSIA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 14-08-2023 17:34:17

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 14-08-2023 17:34:17