Madhya Pradesh High Court
Jitendra Singh Tomar vs The State Of Madhya Pradesh on 20 December, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 20 th OF DECEMBER, 2023
WRIT PETITION No. 8525 of 2021
BETWEEN:-
1. JITENDRA SINGH TOMAR S/O SHRI MAHARWAN
SINGH TOMAR, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED VYAYAM SHIKSHAK
FROM GOVT. KISHAN HIGHER SEC. SCHOOL
(KASMADA) KHAND KA PURA R/O VILLAGE
JALONI POST JALONI TEHSIL AMB AH, DISTRICT
MORENA (MADHYA PRADESH)
2. KARAN SINGH SAKHWAR S/O SHRI HARIVILAS
SAKHWAR, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED TEACHER FROM GOVT.
KISHAN HIGHER SECONDARY SCHOOL
(KASMADA) KHAND KA PURA, R/O VILLAGE
JALONI, POST JALONI, TEHSIL AMBAH DISTRICT
MORENA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI G.S. SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
SCHOOL EDUCATION, VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. THE DISTRICT EDUCATION OFFICER DISTRICT
MORENA (MADHYA PRADESH)
3. THE JOINT DIRECTOR TREASURY, AUDIT AND
PENSION MOTI MAHAL GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S.S. KUSHWAHA - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 21-12-2023
06:48:32 PM
2
following:
ORDER
The present petition under Article 226 of the Constitution of India has
been directed against the inaction on the part of the respondents in not granting
the annual increment which fell due on 01.07.2017 to the petitioners, whereas
the petitioners have completed service of required period in preceding year
from the date of last increment and retired on 30.06.2017 despite of various
orders of Hon'ble Apex Court and High Courts.
At the outset, learned counsel for the petitioners while placing reliance in
the matter of Dr. Rameshwar Prasad Gupta vs. State of Madhya Pradesh
passed in W.P. No. 12902/2023 dated 15.06.2023 submitted that the
controversy has been put to rest by this Court, wherein reliance was placed in
the matter of Director (Admn. and HR) KPTCL & Ors. vs. C.P.
Mundinamani & Ors., passed in Civil Appeal No.2471/2023 dated
11.04.2023, whereby after considering the judgments of different High Courts
including this Court it has been held that benefit of annual increment which is to
be added on 1st of July every year shall be paid to the employee who is going
to be retired on 30th June of the said year. It was further submitted that as the
controversy is now no longer res integra and the present petitioners has stood
retired on 30.06.2017, therefore, he is entitled for availing the benefit of annual
increment which would be added on 01.07.2017.
Shri S.S. Kushwaha, learned Government Advocate submits that the
controversy though appears to be put to rest by the Hon'ble Apex court that
earlier due to difference of opinion between the two Benches of this Court the
subject matter was referred to a large Bench which is still pending, thus, he
prays for deferment of the matter till the decision of the larger Bench.
After hearing counsels for the parties and perusing the record, this Court
finds that the said controversy has already been put to rest by the Hon'ble
Apex Court which has been elucidated by this Court in the matter o f Dr.
Rameshwar Prasad Gupta vs. State of M.P. (supra).
Resultantly, it is held that the petitioners are entitled for the benefit of
annual increment which will fell due on first day of July of the year of his
retirement and the respondent is, therefore, directed to grant the benefit of
annual increment and recalculate the benefit of retiral dues and pension of the
petitioner and issue fresh pension payment order in favour of the petitioners, if
not already issued.
Let this exercise be done within a period of three months from the date of
receipt of certified copy of this order.
With the aforesaid, the petition stands disposed of.
E-copy/certified copy as per rules/directions.
(MILIND RAMESH PHADKE)
JUDGE
Pawar
