Revashankar vs Madhya Pradesh Paschim Kshetra Vidyut ...
2023 Latest Caselaw 20804 MP

Madhya Pradesh High Court

Revashankar vs Madhya Pradesh Paschim Kshetra Vidyut ... on 8 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 8 th OF DECEMBER, 2023
                                           WRIT PETITION No. 29387 of 2023

                           BETWEEN:-
                           1.    REVASHANKAR S/O SHRI KANUNGO, AGED
                                 ABOUT 66 YEARS, OCCUPATION: RETIRED R/O 50
                                 ANNAPURNA     NAGAR     SANAVAD    MARG
                                 KHARGONE (MADHYA PRADESH)

                           2.    ONKAR S/O SHRI NANAGIR GOSWAMI, AGED
                                 ABOUT   66  YEARS, OCCUPATION: RETIRED
                                 PARKOTA MOHALLA WARD NO. 11 RAJPUR DIST.
                                 BARWANI (MADHYA PRADESH)

                           3.    BHAGWAN S/O SHRI POONAMCHAND, AGED
                                 ABOUT 70 YEARS, OCCUPATION: RETIRED WARD
                                 NO. 14 POST DAVANA TEHSIL THIKRI DIST.
                                 BARWANI (MADHYA PRADESH)

                           4.    FAKRU S/O SHRI ELAHI CHOUHAN, AGED ABOUT
                                 70 YEARS, OCCUPATION: RETIRED WARD NO. 10
                                 PLOT PANSEMAL DIST. BARWANI (MADHYA
                                 PRADESH)

                                                                              .....PETITIONER
                           SHRI HARSH YADAV, ADVOCATE

                           AND
                           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 KSHETRA VIDYUT VITRAN
                                 COMPANY    LIMITED POLOGROUND, INDORE
                                 (MADHYA PRADESH)

                           3.    SUPERINTENDENT   ENGINEER CITY MADHYA
                                 PRADESH PASCHIM KSHETRA VIDYUT VITRAN
                                 COMPANY LIMITED CIRCLE BARWANI (MADHYA
Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 08-12-2023
16:43:14
                                                                  2
                                 PRADESH)

                                                                                            .....RESPONDENTS
                           SHRI MUKESH PARWAL, GOVT. ADVOCATE

                                  T h is petition coming on for order this day, t h e cou rt passed the
                           following:
                                                                  ORDER

By 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 das