Chhaganlal Tanwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21064 MP

Madhya Pradesh High Court

Chhaganlal Tanwar 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. 25140 of 2023

                           BETWEEN:-
                           CHHAGANLAL TANWAR S/O SHRI PYARCHAND
                           TANWAR, AGED ABOUT 77 YEARS, OCCUPATION:
                           SEVANIVRTT KARMCHARI 59 WARD NO. 8 GANESH
                           MARG     MALHARGANJ   MANDSAUR    (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI AKSHAY BHONDE, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH JILADHEESH/
                                 COLLECTOR COLLECTOR KAARYALAY, UJJAIN
                                 (MADHYA PRADESH)

                           2.    PRAMUKH SACHIV MADHYA PRADESH SASAN
                                 SCHOOL SHIKSHA VIBHAG BHOPAL (MADHYA
                                 PRADESH)

                           3.    A Y U K T LOK SHIKSHAN  SANCHANALAYA
                                 GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

                           4.    JILA SHIKSHA ADHIKARI SHIKSHA VIBHAG
                                 UJJAIN (MADHYA PRADESH)

                           5.    SANCHALAK PENSION BHAVISYA NIDHI AVAM
                                 B I M A ARERA HILLS  BHOPAL (MADHYA
                                 PRADESH)

                           6.    JILA KOSHALAYA ADHIKARI KARYALAYA JILA
                                 KOSHALAYA UJJAIN (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI AMAY BAJAJ, G.A.)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 12-12-2023
18:17:07
                                                                   2
                           following:
                                                                   ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2008 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 01/07/2014 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.

(SUBODH ABHYANKAR) JUDGE krjoshi