Madhya Pradesh High Court
Virendra Kumar Pathak vs The State Of Madhya Pradesh on 22 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 22 nd OF DECEMBER, 2023
WRIT PETITION No. 30862 of 2023
BETWEEN:-
VIRENDRA KUMAR PATHAK S/O SHRI MANNU LAL
PATHAK, AGED ABOUT 65 YEARS, OCCUPATION:
PENSIONER RETIRED SADO 320 KARMCHARI AWAS
COLONY MAHALGAON GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI V.S. CHATURVEDI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY GOVT OF M.P VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR OF FARMER FARMER WELFARE
AND AGRICULTURE DEPARTMENT
VINDHYACHAL BHAWAN 2 ND FLOOR BHOPAL
(MADHYA PRADESH)
3. ASSISTANT SOIL SERVEY OFFICER SOIL TESTING
LABORATORY AGRICULTURE GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SMT. PADMSHRI AGARWAL - PANEL LAWYER)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
The instant petition has been preferred by petitioner, under Article 226 of
the Constitution of India, being aggrieved by the inaction of the respondents for
not extending the benefit of increment. Petitioner, who retired on 31.12.2020,
was denied increment on the pretext that he is not entitled.
2 . Learned counsel for petitioner submits that whether a government
employee retiring on 31st December of a year is entitled to avail the benefit of
increment as fixed on 1st of January is being decided by the Supreme Court
recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023,
wherein after considering the judgments of different High Courts including the
Madhya Pradesh High Court it has been held that benefit of annual increment
which is to be added on 1st of January every year shall be paid to the employee
who is going to be retired on 31st December of the previous year. It is further
submitted that controversy is now no longer res integra. The present petitioner
stood retired on 31st December, 2020, therefore, he is entitled to avail the
benefit of annual increment which was to be added on 01.01.2021. The said
aspect has also been dealt with by the Full Bench of this Court also in the case
of Ratanlal Rathore Vs. The State of Madhya Pradesh and others (Writ
Petition No.4118 of 2020) decided on 28.07.2023.
3. Learned counsel for respondent/State could not dispute the passing of
said order. However, he submits that it appears that SLP arising out of
judgment of Division Bench of this Court is still pending consideration before
the Supreme Court.
4. Heard the counsel for the parties and perused the documents
appended thereto.
5. After going through the judgment delivered by the Apex Court in the
case of C.P. Mundinamani (supra ), in para 6.3 and 6.7 it appears that the
view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors.
vs. State of Madhya Pradesh has been considered in favour of employee
who is retiring on 30th June of that year. Once the Apex Court as well as Full
Bench of this Court in the case of Ratanlal Rathore (supra) has decided the
controversy and found the employee entitled for the benefit of approval of
entitlement to receive increment while rendering the services over a year with
good behaviour and efficiency then it appears that petitioner has made out his
case.
6. Resultantly, the respondents are directed to grant the benefit of annual
increment which was to be added w.e.f. 01.01.2021 and recalculate the benefit
of retiral dues and pension etc. and issue fresh pension payment order in favour
of the petitioner, if not already issued, that too within a period of three months
from the date of submission of certified copy of this order.
7. Petition stands allowed and disposed of in above terms.
8. Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
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