Dr. Ashutosh Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 3244 MP

                                                               1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 22 nd OF FEBRUARY, 2023
                                               WRIT PETITION No. 4258 of 2023

                          BETWEEN:-
                          DR. ASHUTOSH VERMA S/O LATE DR. SHAMBHU
                          DAYAL VERMA, AGED ABOUT 67 YEARS, OCCUPATION:
                          RETID. GOVERMENT SERVANT R/O 25-B, SECTOR D
                          SCHEME NO. 71 INDORE (MADHYA PRADESH)

                                                                                              .....PETITIONER
                          (BY SHRI ANIKET NAIK - ADVOCATE)

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

                          2.    THE CHIEF MEDICAL AND HEALTH OFFICER
                                DISTRICT UJJAIN OFFICE OF THE CHIEF
                                MEDICAL AND HEALTH OFFICER, DISTRICT
                                UJJAIN (MADHYA PRADESH)

                          3.    THE DIVISIONAL PENSION OFFICER UJJAIN
                                DIVISION, OFFICE OF THE DIVISIONAL PENSION
                                OFFICER, UJJAIN DIVISION, UJJAIN (MADHYA
                                PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI AMAY BAJAJ - PANEL LAWYER)/

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :

7.1 Direct the respondents grant the annual increment due Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 23-Feb-23 12:38:21 PM

on 01.07.2020 to the petitioner;

7.2 Direct the respondents to revise the pension order of the petitioner in accordance with the annual increment on 01.07.2020;

7.3 Direct the respondents to release all the arrears arising out of revision of pension forthwith interest @12% p.a;

7.4 Any other relief deemed fit and proper in the facts and circumstances of the case; and;

7.5 Costs be awarded to the petitioner.

2. It is submitted by the counsel for the petitioner that the petitioner stood retired on 30.06.2020, whereas the next increment was payable from 01.07.2020

which has not been paid. It is submitted by the counsel for the petitioner that the judgment dated 15.09.2017 passed by the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal & Others passed in W.P.No. 15732/2017 was upheld by the Supreme Court in SLP (Civil) Diary No.(s) 22283/2018. Review Petition (c) No.1731/2019 was also dismissed by order dated 02.08.2019. Further, the Division Bench (Principal Seat) of this Court in the case of State of MP & Others vs. Rajendra Prasad Tiwari (Writ Appeal No.363/2020) by judgment dated 06.03.2020, has dismissed the writ appeal filed by the State and has held that the employee retiring on 30th June of a particular year is also entitled for the increment which was payable from 1st of July of the said year. Further, it is submitted that the petitioner has retired on 30.06.2020, but the increment which was payable from 01.07.2020, has not been paid and accordingly, he is entitled for the arrears as well as for re-fixation of his pension.

3 . Per contra, the petition is opposed by the counsel for the

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 23-Feb-23 12:38:21 PM

respondent/State on the ground that in view of the facts and grounds as stated by the petitioner in the petition, he is not entitled for any relief.

4. Heard the learned counsel for the parties. In the available facts and circumstances of the case, it is directed that the pension of the petitioner be re- fixed after adding increment which was payable from 01.07.2020. Since the petitioner is found to be entitled for increment which was payable from 01.07.2020, therefore, the arrears shall carry interest @ 6% per annum till the final payment is made.

5. With aforesaid observations, this petition is finally disposed off.

(PRANAY VERMA) JUDGE jyoti

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 23-Feb-23 12:38:21 PM