Lalji Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13478 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                               ON THE 18 th OF AUGUST, 2023
                                             WRIT PETITION No. 9594 of 2020

                          BETWEEN:-
                          LALJI KUSHWAHA S/O LATE RAMKUMAR KUSHWAHA,
                          AGED    ABOUT  62   YEARS, OCCUPATION: RETD.
                          EMPLOYEE H-36 FOREST COLONY POLIPATHER
                          COLONY JABALPUR DIST JABALPUR (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI BRINDAVAN TIWARI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR. ITS
                                PRINCIPAL  SECRETARY  FOREST   DEPT.
                                MANTRALAYA VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                                FOREST      DEPARTMENT MIDDLE   CIRCLE
                                JABALPUR (MADHYA PRADESH)

                          3.    CHIEF   CONSERVATOR   FOREST JABALPUR
                                JABALPUR CIRCLE JABALPUR CANTONMENT
                                (MADHYA PRADESH)

                          4.    DIVISIONAL FOREST OFFICER SFRI (STATE
                                FOREST RESARCH CENTRE ) GWARIGHAT ROAD
                                JABALPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI KVS RAO - PANEL LAWYER)

                                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 Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 8/21/2023 10:01:57 AM

retired on 30.06.2020 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 01.07.2020 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 vivek

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 8/21/2023 10:01:57 AM