Mohan Lal Chaubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 10043 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                    ON THE 3 rd OF JULY, 2023
                                               WRIT PETITION No. 13953 of 2023

                           BETWEEN:-
                           MOHAN LAL CHAUBEY S/O RUPAN LAL CHAUBEY,
                           AGED ABOUT 62 YEARS, OCCUPATION: RETIRED UDT
                           R/O GURU MOHALLA PATAN DISTRICT JABALPUR
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)

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

                           2.    DISTRICT   EDUCATION   OFFICER, JABALPUR
                                 DISTRICT JABALPUR (MADHYA PRADESH)

                           3.    DISTRICT TREASURY AND PENSION OFFICER,
                                 J A B A L P U R DISTRICT JABALPUR (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

                                 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 30.06.2022 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 Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 04-Jul-23 7:07:11 PM

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 and 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. No other argument is advanced by the counsel for the petitioner.

4. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petiton is allowed, directing the respondents to grant of benefit of annual increment which was to

be added with effect from 01.07.2022 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.

5. With the aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 04-Jul-23 7:07:11 PM