Atma Ram Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 10302 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                   ON THE 6 th OF JULY, 2023
                                              WRIT PETITION No. 15417 of 2023

                           BETWEEN:-
                           ATMA RAM SHARMA S/O SHRI RAMESHWAR, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETIRED R/O 2/1178,
                           VINAY NAGAR,     SECTOR   1,  NEAR   CENTRAL
                           JAIL,GWALIOR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI ALOK KATARE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY, DEPARTMENT OF
                                 HOME,   MANTRALAY,    VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE ADDITIONAL DIRECTOR GENERAL OF
                                 POLICE     (CID) JAHANGIRABAD, BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE DISTRICT PENSION OFFICER GWALIOR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI G.K. AGRAWAL - GOVERNMENT ADVOCATE FOR STATE)

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

The present petition under Article 226 of the Constitution of India has been preferred being aggrieved by the illegal and arbitrary action on the part of the respondent/authority while not granting the benefit of one increment w.e.f. 01.07.2022 as the petitioner was superannuated on 30.06.2022. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 07-07-2023 10:31:32 AM

At the outset, learned counsel for the petitioner has placed reliance in the matter of T h e Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani and Ors. [Civil Appeal No.2471/2023 in SLP (c) No.6185/2020 decided on 11.04.2023]; whereby, this controversy has been put to rest and has been directed that even the retired employees would be entitled for grant of benefit of one increment w.e.f. 01.07.2022 even if the person has superannuated on 30.06.2022.

This fact has not been controverted by counsel for the respondents/State.

In light of the aforesaid judgment passed by the Apex Court, this petition

is disposed of in similar terms and the respondents are, therefore, directed to revise the pension which is being granted to the petitioner within three months from the date of receipt of certified copy of this order.

With the aforesaid direction, the petition stands disposed of. E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE pwn*

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 07-07-2023 10:31:32 AM