Citation : 2023 Latest Caselaw 13607 MP
Judgement Date : 21 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 21 st OF AUGUST, 2023
WRIT PETITION No. 6184 of 2021
BETWEEN:-
KRISHNA CHANDRA VERMA S/O SHRI NANDRAM
VERMA, AGED 72 YEARS, OCCUPATION: RETD GOVT
TEACHER 8/26 INDIRA NAGAR, BEHIND ITI, SHAJAPUR
(MADHYA PRADESH)
.....PETITIONER
(BY MS MEHUL SHUKLA, LEARNED COUNSEL FOR THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT, VALLABH BHAWAN (MADHYA
PRADESH)
2. COMMISSIONER EDUCATION AND PUBLIC
INSTRUCTIONS SCHOOL EDUCATION
DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER SHAJAPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR TREASURY, ACCOUNTS AND
PEN SION S, DIVISION. UJJAIN , DIST. UJJAIN
(MADHYA PRADESH)
5. DIVISION PENSION OFFICER PENSION OFFICE.
UJJAIN. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHANTANU CHOURASIYA, PANEL LAWYER FOR THE
RESPONDENT/STATE)
T h is petition coming on for order this day, t h e cou rt passed the
following:
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 8/21/2023
6:07:21 PM
2
ORDER
By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2010 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 01/07/2010 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..
(S. A. DHARMADHIKARI) JUDGE sh
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/21/2023 6:07:21 PM
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