Vinod Kumar Shitoot vs The State Of Madhya Pradesh
2023 Latest Caselaw 13609 MP

                                                          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. 6187 of 2021

                          BETWEEN:-
                          VINOD KUMAR SHITOOT S/O SHRI SARVOTTAM RAO
                          SHITOOT, AGED 71 YEARS, OCCUPATION: RETD GOVT
                          TEACHER 22/102, SHRE SHRISHNA VYAYAM SHALA
                          MARG, VAJIRPURA 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
                                INSTRUCTION       SCHOOL    EDUCATION
                                D EPARTM EN T VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          3.    DISTRICT  EDUCATION           OFFICER SHAJAPUR
                                (MADHYA PRADESH)

                          4.    JOINT DIRECTOR OF TREASURY ACCOUNTS AND
                                PENSIONS UJJAIN (MADHYA PRADESH)

                          5.    DIVISION PENSION OFFICER 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
                                                           ORDER

Signed by: SEHAR HASEEN Signing time: 8/21/2023 6:07:21 PM

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2011 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 01/07/2011 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