Dwarka Prasad Bhagwat vs School Education Department
2023 Latest Caselaw 20830 MP

Madhya Pradesh High Court

Dwarka Prasad Bhagwat vs School Education Department on 9 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                            BEFORE LOK ADALAT
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                                           SHRI PRASANNA PRASAD
                                             ON THE 9 th OF DECEMBER, 2023
                                             WRIT PETITION No. 16066 of 2020

                           BETWEEN:-
                           DWARKA PRASAD BHAGWAT S/O LATE SHRI PANNA
                           LAL BHAGWAT, AGED ABOUT 65 YEARS, OCCUPATION:
                           RETD. PEON 380, AMRAKUNJ COLONY, AIRPORT ROAD,
                           INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI K.L. PUROHIT, ADVOCATE FOR THE PETITIONER )

                           AND
                           1.    SCHOOL EDUCATION DEPARTMENT PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER DIRECTORATE OF PUBLIC
                                 INSTRUCTION (DPI) GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DIVISIONAL PENSION OFFICER SATELLITE
                                 BHAWAN COLLECTORATE INDORE (MADHYA
                                 PRADESH)

                           4.    DISTRICT  EDUCATION   OFFICER SCHOOL
                                 EDUCATION   DEPARTMENT BADA GANPATI ,
                                 INDORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI K.K. TIWARI, GOVT. ADVOCATE FOR THE RESPONDENTS)

                                 This petition coming on for conciliation this day, the Bench passed the
                           following:
                                                             ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2016 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 01.07.2016 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.

4. With the aforesaid, the petition stands allowed..

                                (JUSTICE S. A. DHARMADHIKARI)                        (PRASANNA PRASAD)
                                        MEMBER                                           MEMBER
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