Saroj vs The State Of Madhya Pradesh
2023 Latest Caselaw 21956 MP

Madhya Pradesh High Court

Saroj vs The State Of Madhya Pradesh on 20 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 20 th OF DECEMBER, 2023
                                             WRIT PETITION No. 31033 of 2023

                           BETWEEN:-
                           SAROJ W/O SUBHASHCHANDRA VYAS, AGED ABOUT 62
                           YEARS, OCCUPATION: RETD. GOVT. EMPLOYEE R/O 9
                           VALLABH NAGAR UJJAIN (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           SHRI HARDIK MAHESHWARI, ADVOCATE

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY SCHOOL EDUCATION DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    STATE OF MADHYA PRADESH THROUGH
                                 C O M M I S S I O N E R PUBLIC EDUCATION
                                 DIRECTORATE NEAR CHETAK BRIDGE GAUTAM
                                 NAGAR, BHOPAL (MADHYA PRADESH)

                           3.    STATE OF MADHYA PRADESH THROUGH
                                 DISTRICT EDUCATION OFFICER EDUCATION
                                 DEPARTMENT UJJAIN (MADHYA PRADESH)

                           4.    STATE OF MADHYA PRADESH THROUGH
                                 DISTRICT TREASURY OFFICER UJJAIN (MADHYA
                                 PRADESH)

                           5.    STATE OF MADHYA PRADESH THROUGH
                                 DISTRICT PENSION OFFICER UJJAIN (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           SHRI SHALABH SHARMA GOVT. ADVOCATE

                                 T h is petition coming on for order this day, t h e cou rt passed the
                           following:
Signature Not Verified
                                                            ORDER

Signed by: REENA SUDHIR DAS Signing time: 21-12-2023 15:31:54

1. By the instant petition, the petitioner is claiming that although they 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. 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.

(SUBODH ABHYANKAR) JUDGE das