Smt. Sarita Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13380 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 17 th OF AUGUST, 2023
                                             WRIT PETITION No. 27571 of 2021

                           BETWEEN:-
                           SMT. SARITA CHOUHAN W/O SHRI KUNWAR SINGH
                           CHOUHAN, AGED ABOUT 63 YEARS, OCCUPATION:
                           RETD. ASSISTANT TEACHER VILLAGE MERTI, POST
                           LONGSARI, TEHSIL KUCHHI (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI ARCHANA KHARE, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY MANTRALAYA, VALLABH BHAWAN
                                 (MADHYA PRADESH)

                           2.    TRIBAL    DEVELOPMENT   DEPARTMENT
                                 THROUGH ITS ASSISTANT COMMISSIONER
                                 MANDLA (MADHYA PRADESH)

                           3.    BLOCK EDUCATION          OFFICER BAGH,      DHAR
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI KRATIK MANDLOI, PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

01. The issue involved in this writ petition has already been decided by this Court in W.P. No.2628/2023 (Bashant Kumar Rai Vs. State of M.P.) decided on 02.05.2023. The order dated 02.05.2023 is reproduced below:-

''By the instant petition, the petitioner is claiming that

Signature Not Verified Signed by: VARSHA SINGH Signing time: 21-08-2023 11:58:09

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.

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) whereinit has been held that benefit of annual increment which was to be added on 1of July every year shall be paid to the employee who got retired on 30 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 01.07.2015 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 order.

With the aforesaid, the petition stands allowed.''

02. In view of above, the Writ Petition is disposed off. The order passed in the case of Bashant Kumar Rai (supra) shall apply mutandis mutatis in the present case also.

(VIVEK RUSIA) JUDGE Signature Not Verified Signed by: VARSHA SINGH Signing time: 21-08-2023 11:58:09

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 21-08-2023 11:58:09