Ashok Kumar Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 13406 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 17 th OF AUGUST, 2023
                                          WRIT PETITION No. 20584 of 2023

                          BETWEEN:-
                          ASHOK KUMAR SHRIVASTAVA S/O SHRI SURESH
                          KUMAR SHRIVASTAVA, AGED 63 YEARS, OCCUPATION:
                          PENSIONER  (SEWANIVRIT   PRACHARY SHASKIY
                          UCHCHTAR MADHYMIK VIDHYALAY HASTINAPUR
                          DISTRICT GWALIOR B 208 KARMCHARI AAVAS
                          COLONY MAHALGAON GWALIOR (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI NEERAJ SHRIVASTAVA- ADVOCATE)

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

                          2.    AYUKT, LOK SHIKSHAN SANCHALANALAY
                                (SCHOOL SHIKSHA) GAUTAM NAGAR BHOPAL
                                (MADHYA PRADESH)

                          3.    ZILA SHIKSHA ADHIKARI GWALIOR DISTRICT
                                GWALIOR , (MADHYA PRADESH)

                          4.    AHARAN SANVITARAN ADHIKARI, BLOCK
                                SHIKSHA     ADHIKARI MORAR GWALIOR
                                (MADHYA PRADESH)

                          5.    SAMBHAGIY SANYUKT SANCHALAK KOSH AND
                                LEKHA GWALIOR AND CHAMBAL SAMBHAG
                                RAJSW   BHAWAN   ,  HARISHANKARPURAM
                                GWALIOR (MADHYA PRADESH)

                          6.    ZILA  PENSION   ADHIKARI   ,    GWALIOR
                                MOTIMAHAL    DIST.  GWALIOR     (MADHYA
                                PRADESH)


Signature Not Verified
                          7.    ZILA   KOSHALAY   ADHIKARI   GWALIOR NEW
Signed by: VISHAL
UPADHYAY
Signing time: 8/18/2023
6:44:48 PM
                                                      2
                                COLLECTORATE, SIROL ROAD, DIST. GWALIOR
                                (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI VISHAL TRIPATHI- GOVERNMENT ADVOCATE FOR
                          RESPONDENT/STATE)

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

T h e instant petition has been preferred under Article 227 of the Constitution of seeking benefits of increment which has been due on 1st July. Petitioner is a retired employee from Government Higher Secondary School Hastinapur, District Gwalior on 30.06.2022 from the post of Principal.

Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stands retired on 30th June, 2022, therefore, he is entitled to avail the benefit of annual increment which was to be added on 1.7.2022.

Learned counsel for respondent/State could not dispute the passing of s aid order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 8/18/2023 6:44:48 PM

the Supreme Court.

Heard.

After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors. vs. State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court has decided the controversy and found the employee entitled for the benefit of approval of entitlement to receive increment while rendering the services over a year with good behaviour and efficiency then it appears that petitioner has made out his case.

Resultantly, this petition is disposed of with the direction to the respondents to grant the benefit of annual increment which was to be added w.e.f. 1.7.2022 and re-calculate the benefit of retiral dues and pension etc. and issue fresh pension payment order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 8/18/2023 6:44:48 PM