Ramesh Chandra Agarwal vs Additional Chief Secretary
2023 Latest Caselaw 10202 MP

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                              ON THE 5 th OF JULY, 2023
                                           WRIT PETITION No. 15041 of 2023

                           BETWEEN:-
                           RAMESH CHANDRA AGARWAL S/O SHRI SUNNI LAL
                           AGARWAL, AGED ABOUT 64 YEARS, OCCUPATION:
                           RETIRED GOVT. EMPLOYEE 981 C.P. MISSION
                           COMPOUND CIVIL LINE 17 SARV NAGAR DISTRICT
                           JHANSI (UTTAR PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI ANSHUL TIWARI - ADVOCATE)

                           AND
                           1.    ADDITIONAL CHIEF SECRETARY DEPARTMENT
                                 OF FOREST SATPURA BHAWAN ARERA HILLS
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE STATE OF MADHYA PRADESH, THROUGH
                                 PRINCIPAL SECRETARY, DEPARTMENT OF
                                 FINANCE DISTRICT BHOPAL (MADHYA PRADESH)

                           3.    THE STATE OF MADHYA PRADESH, THROUGH
                                 PRINCIPAL      SECRETARY,     GENERAL
                                 ADMINISTRATION      DEPARTMENT VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           4.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY, FOREST DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           5.    PRINCIPAL CHIEF CONSERVATOR OF FOREST,
                                 BHOPAL SATPUDA BHAWAN, BHOPAL (MADHYA
                                 PRADESH)

                           6.    ASSISTANT  CONSERVATOR     OF   FOREST,
                                 RESEARCH     EXTENSION DISTRICT   SAGAR
                                 (MADHYA PRADESH)

                           7.    DISTRICT PENSION OFFICER, SAGAR DISTRICT
Signature Not Verified
                                 SAGAR (MADHYA PRADESH)
Signed by: HEMANT SARAF
Signing time: 07-07-2023
11:50:04
                                                                  2

                                                                                            .....RESPONDENTS
                           (BY SHRI ANUBHAV JAIN - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENTS/STATE)

                                  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 30.06.2021 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 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 01.07.2021 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) Signature Not Verified Signed by: HEMANT SARAF Signing time: 07-07-2023 11:50:04

JUDGE HS

Signature Not Verified Signed by: HEMANT SARAF Signing time: 07-07-2023 11:50:04