Laxmi Narayan Marethiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21062 MP

Madhya Pradesh High Court

Laxmi Narayan Marethiya vs The State Of Madhya Pradesh on 12 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 12 th OF DECEMBER, 2023
                                             WRIT PETITION No. 30471 of 2023

                           BETWEEN:-
                           LAXMI NARAYAN MARETHIYA S/O HIRALAL JI
                           MARETHIYA, AGED ABOUT 62 YEARS, OCCUPATION:
                           RETIRED R/O GANDHI COLONY SUJALPUR MANDI
                           DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           SHRI ARVIND KUMAR SHARMA, ADVOCATE

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

                           2.    D I R E C T O R FARMER WELFARE  AND
                                 AGRICULTURE DEPARTMENT VINDHYANCHAL
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                 PENSION UJJAIN (MADHYA PRADESH)

                           4.    DEPUTY DIRECTOR FARMER WELFARE AND
                                 AGRICULTURE      DEPARTMENT SHAJAPUR
                                 (MADHYA PRADESH)

                           5.    ASSISTANT SOIL CONSERVATION OFFICER SUB
                                 DIVISION SHAJAPUR (MADHYA PRADESH)

                           6.    DISTRICT   TREASURY           OFFICER SHAJAPUR
                                 (MADHYA 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:
Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 12-12-2023
18:54:24
                                                                  2
                                                                  ORDER

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2023(Annexure P-1), 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 KPTCL 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 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 01.07.2023, 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 order.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE das