Yogendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21678 MP

Madhya Pradesh High Court

Yogendra Singh vs The State Of Madhya Pradesh on 18 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 18 th OF DECEMBER, 2023
                                               WRIT PETITION No. 30666 of 2023

                           BETWEEN:-
                           YOGENDRA SINGH S/O NAHARSINGH MANDLOI, AGE:
                           62   YEARS, OCCUPATION: PENSIONER, ADDRESS:
                           SHASTRI NAGAR, KHARGONE, DISTRICT KHARGONE
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI VIMAL KUMAR GANGWAL - ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH, THROUGH
                                 PRINCIPAL SECRETARY, TRIBAL WELFARE
                                 DEPARTMENT,      VALLABH      BHAWAN,
                                 MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.    ASSISTANT COMMISSIONER, TRIBAL WELFARE
                                 DEPARTMENT,    KHARGONE,       DISTRICT
                                 KHARGONE (MADHYA PRADESH)

                           3.    DISTRICT PENSION OFFICER, KHARGONE,
                                 DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI PRADYUMNA KIBE - ADVOCATE.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2023 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 on 11th April, 2023 by the Supreme Court recently in Civil Appeal No.2471 of 2023 (@ SLP (C) No.6185 of 2020) [The Director (Admn. and HR) KPTCK and Ors. v. 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 01.07.2023 and recalculate the benefit of retiral dues and pension and issue fresh Pension Payment Order (P.P.O.) in favour of the petitioner (if P.P.O. has already been issued) within a period of three months from the date of submitting copy of this Court's order.

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

(VIVEK RUSIA) JUDGE rcp