Virendra Singh Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13750 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. 20756 of 2023

                          BETWEEN:-
                          VIRENDRA SINGH CHOUHAN S/O LATE SHRI
                          BHANWAR SINGH CHOUHAN, AGED ABOUT 65 YEARS,
                          OCCUPATION: PENSIONER, R/O 8-A, CHITRA NAGAR,
                          OPP VIJAY NAGAR POLICE STATION, INDORE
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (SHRI CHANDRAKANT PATNE, LEARNED COUNSEL FOR THE
                          PETITIONER)

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

                          2.    THE COMMISSIONER OF POLICE, DALY COLLEGE
                                ROAD, INDORE (MADHYA PRADESH)

                          3.    THE DEPUTY COMMISSIONER OF POLICE DALY
                                COLLEGE ROAD, DISTRICT INDORE (MADHYA
                                PRADESH)

                          4.    THE JOINT DIRECTOR OF TREASURY, ACCOUNTS
                                AND      PENSION COLLECTORATE,    INDORE
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          ( SHRI TARUN KUSHWAH, LEARNED GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE)

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

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/22/2023 6:40:08 PM

By the instant petition, the petitioner is claiming that although he stood 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 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 01/07/2020 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 Court order. The petitioner shall also be entitled to interest @ 6% per annum over the aforesaid arrears of pension from the date the arrears became due till the date of payment.

4. With the aforesaid, the petition stands allowed.

(S. A. DHARMADHIKARI) JUDGE

pn

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/22/2023 6:40:08 PM