Citation : 2023 Latest Caselaw 10441 MP
Judgement Date : 10 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 10 th OF JULY, 2023
WRIT PETITION No. 15598 of 2023
BETWEEN:-
KASHI PRASAD VERMA S/O SHRI BANSHDHARI MAJHI,
AGED ABOUT 77 YEARS, OCCUPATION: RETIRED GOVT.
EMPLOYEE R/O VILLAGE KARTHUA, POST-
KARTHUA,DISTRICT SINGRAULI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE DISTRICT EDUCATION OFFICER, SIDHI
COLLECTORATE CAMPUS SIDHI (MADHYA
PRADESH)
3. THE DISTRICT TREASURY OFFICER, SIDHI
DISTRICT SIDHI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAVEEN NAMDEO - 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 30.06.2007 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 Signature Not Verified Signed by: MANOJ NAIR Signing time: 12-07-2023 12:16:49
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 petition is allowed, directing the respondents to grant of benefit of annual increment which
was to be added with effect from 01.07.2007 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.
(MANINDER S. BHATTI) JUDGE mn
Signature Not Verified Signed by: MANOJ NAIR Signing time: 12-07-2023 12:16:49
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