Dayaram vs Madhya Pradesh Paschim Kshetra Vidyut ...
2023 Latest Caselaw 20250 MP

Madhya Pradesh High Court

Dayaram vs Madhya Pradesh Paschim Kshetra Vidyut ... on 1 December, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                           ON THE 1 st OF DECEMBER, 2023
                                           WRIT PETITION No. 29396 of 2023

                           BETWEEN:-
                           1.    DAYARAM S/O SHRI NANGYA, AGED ABOUT 70
                                 Y E A R S , OCCUPATION:  RETIRED   R/O
                                 SANWANTPURAM MARG WARD NO. 4 DISTT.
                                 BARWANI (MADHYA PRADESH)

                           2.    HAMERAJ S/O GOKUL YADAV, AGED ABOUT 63
                                 YEAR S , OCCUPATION: RETIRED 57 SHRIRAM
                                 NAGAR NAVALPURA DIST. BARWANI (MADHYA
                                 PRADESH)

                           3.    AHMAD NABI KHAN S/O ILLAHI KHAN, AGED
                                 ABOUT 68 YEARS, OCCUPATION: RETIRED 7 MG
                                 MARG ANJAD DIST BARWANI (MADHYA
                                 PRADESH)

                           4.    GYARSILAL S/O PUJA MANDLOI, AGED ABOUT 63
                                 YE A R S , OCCUPATION: RETRIED 369 RAIDAS
                                 MARG DIST BARWANI (MADHYA PRADESH)

                           5.    KANCHAN KUMAR S/O RAMAKANT TALOKAR,
                                 AGED ABOUT 69 YEARS, OCCUPATION: RETIRED
                                 HIG 56 RAIDAS MARG NEW HOUSING BOARD
                                 COLONY DIST BARWANI (MADHYA PRADESH)

                           6.    NANURAM S/O GANAPAT JADAM, AGED ABOUT
                                 71  YEARS, OCCUPATION: RETIRED GANDHI
                                 MARG ANJAD DIST BARWANI (MADHYA
                                 PRADESH)

                           7.    RAHMAT ALI S/O SHOKAT ALI SAYYAID, AGED
                                 ABOUT 63 YEARS, OCCUPATION: RETIRED 318
                                 NEW HOUSING BOARD COLONY DIST BARWANI
                                 (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI KAILASH CHANDRA YADAV, ADVOCATE)

                           AND
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 01-12-2023
17:55:15
                                                      2
                           1.    MADHYA PRADESH PASCHIM KSHETRA VIDYUT
                                 VITRAN CO. LTD. ADDITIONAL SECRETARY
                                 G.P.H. COMPOUND POLO GROUND INDORE
                                 (MADHYA PRADESH)

                           2.    CHIEF GENERAL MANAGER (HR AND A) MADHYA
                                 PRADESH PASCHIM KSEHTRA VIDYUT VITRAN
                                 COMPANY     LIMITED POLOGROUND INDORE
                                 (MADHYA PRADESH)

                           3.    SUPERINTENDENT        ENGINEER MADHYA
                                 PRADESH PASCHIM KSHETRA VIDYUT VITRAN
                                 COMPANY     LIMITED BARWANI   (MADHYA
                                 PRADESH)

                           4.    SUPERINTENDENT         ENGINEER MADHYA
                                 PRADESH PASCHIM KSHETRA VIDYUT VITRAN
                                 COMPANY LIMITED DHAR (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (BY SHRI MUKESH PARWAL, G.A.)

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

B y the instant petition, the petitioners are claiming that although they stood retired on 30th June and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 petitioners are 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 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi