Rajendra Kumar Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21751 MP

Madhya Pradesh High Court

Rajendra Kumar Pawar vs The State Of Madhya Pradesh on 19 December, 2023

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 19 th OF DECEMBER, 2023
                                           WRIT PETITION No. 15235 of 2023

                           BETWEEN:-
                           1.    RAJENDRA KUMAR PAWAR S/O LATE SHRI
                                 BAJILAL PAWAR, AGED ABOUT 63 YEARS,
                                 OCCUPATION: RETIRED OFFICE ASSISTANT
                                 G R A D E II FROMTHE OFFICE OF DEPUTY
                                 GENERAL MANAGAER M.P.M.K.V.V. CO.LTD. ( O
                                 AND M) DIVISION MULTAI DISTRICT BETUL R/I
                                 HOUSING BOARD COLONY INDRA GANDHI
                                 WARD MULTAI DISTRICT BETUL (MADHYA
                                 PRADESH)

                           2.    NAMDEO PARANYA S/O PARANYA JI NADEKAR,
                                 AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                                 OFFICE ASSISTANT GRADE II FROM THE OFFICE
                                 OF DEPUTY GENERAL MANAGER M.P.M.K.V.V.CO.
                                 LTD. (O AND M) DIVISION MULTAI DISTRICT
                                 BETUL SHARDA NAGAR AMRAWATI ROAD
                                 MULTAI DISTRICT BETUL (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI A.K. SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY ENERGY DEPARTMENT
                                 R / O VALLABH BHAWAN BHOPAL (MADHYA
                                 PRADESH)

                           2.    MANAGING DIRECTOR M.P. MADHYA KSHETRA
                                 VIDYUT VITRAN CO. LTD. NISTHA PARISAR
                                 GOVINDPURA BHOPAL DISTRICT BHOPAL
                                 (MADHYA PRADESH)

                           3.    CHIEF GENERAL MANAGER (H.R. AND A.) M.P.
                                 MADHYA KSHETRA VIDYUT VITRAN CO. LTD.
                                 NISTHA    PARISAR  GOVINDPURA    BHOPAL
                                 DISTRICT BHOPAL (MADHYA PRADESH)

Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 12/20/2023
4:07:34 PM
                                                          2
                           4.     CHIEF GENERAL MANAGER (BHOPAL RANGE)
                                  M.P. MADHYA KSHETRA VIDYUT VITRAN CO.
                                  LT D . NISTHA PARISAR GOVINDPURA BHOPAL
                                  DISTRICT BHOPAL (MADHYA PRADESH)

                           5.     DEPUTY GENERAL MANAGER M.P. MADHYA
                                  KSHETRA VIDYUT VITRAN CO. LTD. (O AND M)
                                  DIVISION MULTAI DISTRICT BETUL (MADHYA
                                  PRADESH)

                           6.     SENIOR   ACCOUNT    OFFICER M.P. MADHYA
                                  PRADESH VIDYUT VITRAN CO. LTD. ITARSI ROAD
                                  NARMADAPURAM DISTRICT NARMADAPURAM
                                  (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI KABEER PAUL - 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 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. Per contra, learned counsel for the respondents opposed the prayer and submits that the petitioner has approached this Court belatedly inasmuch as, accordingly to the petitioner's own showing he was superannuated way back on 30.06.2023.

4. Having considered the submissions advanced on behalf of the parties, firstly the benefits to the petitioner cannot be declined inasmuch as, the extension of benefit of increments is recurring cause of action having direct nexus with the pecuniary benefits for which, the petitioner is entitled. [Please See: M.R. Gupta vs. Union of India (1995 5 SCC 628)]

5. 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.

(MANINDER S. BHATTI) JUDGE mn