Ramswaroop Shivvedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 10458 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 10 th OF JULY, 2023
                                               WRIT PETITION No. 15581 of 2023

                           BETWEEN:-
                           RAMSWAROOP SHIVVEDI S/O SHRI DAYARAM
                           SHIVVEDI, AGED ABOUT 67 YEARS, OCCUPATION:
                           RETIRED GOVT. EMPLOYEE VILLAGE DUGARIYA
                           WARD CHHAPARA DISTRICT SEONI (MADHYA
                           PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI AKHILESH SINGH-ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 COMMISSIONER OF TRIBAL DEVELOPMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE ASSISTANT COMMISSIONER OF TRIBAL
                                 DEPARTMENT SEONI SEONI (MADHYA PRADESH)

                           3.    THE DISTRICT TREASURY OFFICER                  SEONI
                                 DISTRICT SEONI (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI ROHIT JAIN- GOVT. ADVOCATE )

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

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2018 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: PARMESHWAR GOPE Signing time: 12-07-2023 13:27:59

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 & 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. 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 the benefit of annual increment which was to be added with effect from 01.07.2018 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.

4. With the aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12-07-2023 13:27:59