Citation : 2023 Latest Caselaw 13745 MP
Judgement Date : 22 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 22 nd OF AUGUST, 2023
WRIT PETITION No. 20509 of 2023
BETWEEN:-
RAJENDRA JADHAV S/O LATE MALHAR RAO, AGED
ABOUT 63 YEARS, OCCUPATION: SERVICE RETIRED R/O
81 ABHISHEK NAGAR UJJAIN (MADHYA PRADESH)
.....PETITIONER
(SHRI YASH TIWARI,ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE SUPERINTENDENT OF POLICE DISTRICT
UJJAIN, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
( SHRI SUDARSHAN JOSHI, GOVT. ADVOCATE)
T h is petition coming on for order this day, t h e cou rt passed the
following:
ORDER
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 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 Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 23-Aug-23 12:29:34 PM
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 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.'' In view of above, the Writ Petition is disposed off. The order passed in the case of Bashant Kumar Rai (supra) shall be applicable mutandis mutatis in the present case also.
(VIVEK RUSIA) JUDGE das
Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 23-Aug-23 12:29:34 PM
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