Sumatilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 21292 MP

Madhya Pradesh High Court

Sumatilal vs The State Of Madhya Pradesh on 13 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 13 th OF DECEMBER, 2023
                                             WRIT PETITION No. 25932 of 2023

                           BETWEEN:-
                           SUMATILAL S/O SHRI GHASILAL JAIN, AGED ABOUT 69
                           YEARS, OCCUPATION: RETIRED EMPLOYEE 24 WARD
                           NO. 2 PATEL NAGAR KITIYANI MANDSAUR (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI AKSHAY BHONDE, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRAMUKH
                                 SACHIV OORJA VIBHAG VALLABH BHAWAN
                                 ARERA HILLS BHOPAL (MADHYA PRADESH)

                           2.    SHRIMAN MAHAPRABANDHAK MAHODAY MD
                                 MADHYA PRADESH PASCHIM KSHETRA VIDYUT
                                 VITARAN COMPANY LIMITED POLOGROUND
                                 INDORE (MADHYA PRADESH)

                           3.    SHRIMAN    MAHAPRABANDHAK    MAHODAY
                                 MADHYA PRADESH POWER MANAGEMENT
                                 COMPANY   LTD. SAKTI BHAWAN, JABALPUR
                                 (MADHYA PRADESH)

                           4.    SHRIMAN       PRABANDHAK/      MUKHYA/
                                 KARYAPALAN    YANTRI  MAHODAY MADHYA
                                 PRADESH PASCHIM KSHETRA VIDYUT VITARAN
                                 COMPANY     LIMITED MANDSAUR (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (MS. BHARTI LAKKAD, LEARNED GA FOR THE STATE) (SHRI PRASANNA
                           PRASAD, LEARNED COUNSEL FOR THE RESPONDENTS NO.2-4)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 13-12-2023
16:11:28
                                                                  2
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/6/2012 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 01.07.2012 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.

(VIJAY KUMAR SHUKLA) JUDGE soumya