Jafar Ali Ansari vs The State Of Madhya Pradesh
2023 Latest Caselaw 14034 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                            ON THE 25 th OF AUGUST, 2023
                                           WRIT PETITION No. 21770 of 2023

                           BETWEEN:-
                           JAFAR ALI ANSARI S/O SHRI ABDUL SHANKAR ANSARI,
                           AGED ABOUT 67 YEARS, OCCUPATION: RETIRED 51/1,
                           SNEHLATAGANJ, INDORE, DIST. INDORE (MADHYA
                           PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI LOKESH KUMAR BHATNAGAR, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY     COOPERATION   DEPARTMENT
                                 VALLABH BHAWAN MANTRALAYA BHOPAL
                                 DISTT. BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER      CUM     REGISTRAR CO
                                 OPERATION    DEPARTMENT VINDHYANCHAL
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           3.    JOINT COMMISSIONER/ JOINT REGISTRAR CO
                                 OPERATION SOCIETY 123, DEVI AHILYA MARG,
                                 SHRAMSHIVIR, JAIL ROAD, INDORE (MADHYA
                                 PRADESH)

                           4.    DEPUTY COMMISSIONER/ DEPUTY REGISTRAR
                                 CO OPERATION SOCIETY 123, DEVI AHILYA
                                 MARG, SHRAMSHIVIR, JAIL ROAD, INDORE
                                 (MADHYA PRADESH)

                           5.    ASSISTANT   COMMISSIONER    (AUDIT) CO
                                 OPERATION    DEPARTMENT INDORE   DIST.
                                 INDORE (MADHYA PRADESH)

                           6.    DISTRICT PENSION OFFICER INDORE,    DIST.
                                 INDORE (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 25-08-2023
18:40:37
                                                       2
                           (BY SHRI TARUN KUSHWAH, GOVT. ADVOCATE)

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

01. 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 Court recently in Civil Appeal No.2471/2023 (The Director {Admn. and HR KPTCL and Ors Vs. C.P. Mundinamani & Ors) whereinit 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 Signature Not Verified Signed by: VARSHA SINGH Signing time: 25-08-2023 18:40:37

order.

With the aforesaid, the petition stands allowed.''

02. In view of above, the Writ Petition is disposed off. The order passed in the case of Bashant Kumar Rai (supra) shall apply mutandis mutatis in the present case also.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 25-08-2023 18:40:37