Mohanlal Kumrawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 21840 MP

Madhya Pradesh High Court

Mohanlal Kumrawat vs The State Of Madhya Pradesh on 19 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 19 th OF DECEMBER, 2023
                                              WRIT PETITION No. 30080 of 2023

                           BETWEEN:-
                           MOHANLAL KUMRAWAT, AGED ABOUT 67 YEARS,
                           OCCUPATION: RETIRED 102-A, BAJAJ JI HILLS, 18
                           PRABHU NAGAR, NEAR RAJENDRA NAGAR BRIDGE,
                           ANNAPURNA ROAD, INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI YASH AGRAWAL, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY PUBLIC HEALTH ENGINEERING
                                 DEPARTMENT (PHED)    VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    ENGINEER   IN   CHIEF   PUBLIC HEALTH
                                 ENGINEERING   DEPARTMENT TULSI NAGAR
                                 BHOPAL (MADHYA PRADESH)

                           3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                 DEPARTMENT INDORE (MADHYA PRADESH)

                           4.    EXECUTIVE   ENGINEER   PUBLIC   HEALTH
                                 ENGINEERING     DEPARTMENT DIVISION  1
                                 MANDLESHWAR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI VAIBHAV BHAGWAT, G.A.)

                                 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 30.06.2016 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 01.07.2016 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