Hari Lal Rajoria vs The State Of Madhya Pradesh
2023 Latest Caselaw 13748 MP

                                                              1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                 ON THE 22 nd OF AUGUST, 2023
                                               WRIT PETITION No. 20510 of 2023

                          BETWEEN:-
                          HARI LAL RAJORIA S/O LATE ONKAR LAL, AGED
                          ABOUT 63 YEARS, OCCUPATION: SERVICE RETIRED R/O
                          06 KALAPATHAR SANWER ROAD, DISTRICT UJJAIN
                          (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (SHRI YASH TIWARI, COUNSEL FOR THE PETITIONER).

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, DEPARTMENT OF HOME
                                (POLICE), VALLABH BHAWAN, DISTRICT BHOPAL
                                (MADHYA PRADESH)

                          2.    SUPERINTENDENT OF POLICE, DISTRICT UJJAIN
                                (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI TARUN KUSHWAH, PANEL LAWYER FOR THE STATE).

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

                          following:
                                                               ORDER

By the instant petition under Article 226 of the Constitution of Indian, the petitioner is claiming that although he stood retired on 30.06.2021 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 Signature Not Verified Signed by: SREEVIDYA Signing time: 8/22/2023 5:41:46 PM

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 01.07.2021 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 receipt of certified copy of the order passed by this Court today.

4. With the aforesaid, the petition stands allowed.

(S. A. DHARMADHIKARI) JUDGE vidya

Signature Not Verified Signed by: SREEVIDYA Signing time: 8/22/2023 5:41:46 PM