Madhya Pradesh High Court
Ashok Kumar Tiwari vs The State Of Madhya Pradesh on 12 July, 2023
Author: Maninder S. Bhatti
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 12 th OF JULY, 2023
WRIT PETITION No. 15219 of 2023
BETWEEN:-
1. ASHOK KUMAR TIWARI S/O LATE SHRI SHIV
NARAYAN TIWARI, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED GOVT. EMPLOYEE LIG 35
RSS MARKET NEAR 5 NO. NUS STOP SHIVAJI
NAGAR HUZUR DISTRICT BHOPAL (MADHYA
PRADESH)
2. GOPILAL MEHRA S/O LATE SHRI RAGHUVEER
SINGH, AGED ABOUT 68 YEARS, OCCUPATION:
RETIRED GOVT. EMPLOYEE R/O H.NO. 46 NEHRU
NAGAR GOMTI COLONY DISTRICT (MADHYA
PRADESH)
3. SMT. KALPANA GIROLKAR W/O SHRI HEMANT
GIROLKAR, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED GOVT. EMPLOYEE R/O C-
238 SARVADHARM KOLAR ROAD HUZUR
DISTRICT (MADHYA PRADESH)
4. KAMLESH KUMAR SAXENA S/O SHRI R.L.
SAXENA, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED GOVT. EMPLOYEE R/O C-65 NEW MINAL
RESIDENCY J.K. ROAD DISTRICT (MADHYA
PRADESH)
5. RADHA VALLABH SHARMA S/O SHRI V.D.
SHARMA, AGED ABOUT 67 YEARS, OCCUPATION:
RETIRED GOVT. EMPLOYEE R/O G-452
GULMOHAR COLONY DISTRICT (MADHYA
PRADESH)
6. SMT. SAROJ MANDLOI W/O SHRI A.K. MANDLOI,
AGED ABOUT 68 YEARS, OCCUPATION: RETIRED
GOVT. EMPLOYEE R/O B-96 AAKRITI GARDEN
NEHRU NAGAR DISTRICT BHOPAL (MADHYA
PRADESH)
7. SHIV KUMAR MISHRA S/O LATE SHRI BHAGWAN
DEEN MISHRA, AGED ABOUT 63 YEARS,
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 7/13/2023
1:00:04 PM
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OCCUPATION: RETIRED GOVT. EMPLOYEE R/I S-
492 NEHRU NAGAR DISTRICT (MADHYA
PRADESH)
8. SMT. VIJAYA KARAMVELKAR S/O SHRI ANAND
KARAMBELKAR, AGED ABOUT 66 YEARS,
OCCUPATION: RETIRED GOVT. EMPLOYEE R/O N-
302 SINGATURE RESIDENCY NEAR J.K. HOSPITAL
KOLAR ROAD DISTRICT (MADHYA PRADESH)
9. AMIL KUMAR BHATNAGAR S/O SHRI
HARINARAYAN BHATNAGAR, AGED ABOUT 63
Y E A R S , OCCUPATION: RETIRED GOVT.
EMPLOYEE R/O H NO. 360 NEAR SHIV MANDIR
YEGGESH HOMES PHASE III KOLAR ROAD
DISTRICT (MADHYA PRADESH)
10. MUNNI LAL YADAV S/O LATE SHRI MULCHAND
YADAV, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED GOVT. EMPLOYEE R/O 84 BHADBHADA
ROAD PREMPURA GAON HUZUR DISTRICT
(MADHYA PRADESH)
11. MEWALAL TIWARI S/O SHRI BHAGWAT PRASAD
TIWARI, AGED ABOUT 67 YEARS, OCCUPATION:
RETIRED GOVT. EMPLOYEE R/O H.NO. 34 NEAR
REEMA SCHOOL NEW RAJEEV NAGAR HUZUR
DISTRICT (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANSHUL TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
FINANCE DISTRICT BHOPAL (MADHYA PRADESH)
2. ADDITIONAL CHIEF SECRETTARY DEPARTMENT
OF FOREST SATPURA BHAWAN ARERA HILLS
BHOPAL (MADHYA PRADESH)
3. STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY GENERAL
ADMINISTRATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
4. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY FOREST DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 7/13/2023
1:00:04 PM
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5. PRINCIPAL CHIEF CONSERVATOR OF FOREST
SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
6. DIVISIONAL FOREST OFFICER (GENERAL)
BHOPAL (MADHYA PRADESH)
7. DISTRICT PENSION OFFICER B HOPAL BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
By the instant petition, the petitioners are claiming that although they
stood retired on 30.06.2021 (petitioner No.1), 30.06.2015 (petitioner No.2),
30.06.2022 (petitioner No.3), 30.06.2020 (petitioner No.4), 30.06.2016
(petitioner No.5), 30.06.2015 (petitioner No.6), 30.06.2022 (petitioner No.7),
30.06.2017 (petitioner No.8), 30.06.2022 (petitioner No.9), 30.06.2021
(petitioner No.10) and 30.06.2018 (petitioner No.11) and the annual increment
was to be added on 1st of July of that year, but they were not granted the said
benefit.
2. Learned counsel for the petitioners 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 & 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 petitioners are also entitled to get the said benefit.
3. Per contra, learned counsel for the respondents submits that
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 7/13/2023
1:00:04 PM
the petitioners have approached this Court belatedly inasmuch as, accordingly
to the petitioners' own showing they were superannuated way back on
30.06.2021 (petitioner No.1), 30.06.2015 (petitioner No.2), 30.06.2022
(petitioner No.3), 30.06.2020 (petitioner No.4), 30.06.2016 (petitioner No.5),
30.06.2015 (petitioner No.6), 30.06.2022 (petitioner No.7), 30.06.2017
(petitioner No.8), 30.06.2022 (petitioner No.9), 30.06.2021 (petitioner No.10)
and 30.06.2018 (petitioner No.11).
4. Having considered the submissions advanced on behalf of the
parties, firstly the benefits to the petitioners cannot be declined inasmuch as, the
extension of benefit of increments is recurring cause of action having direct
nexus with the pecuniary benefits for which, the petitioners are entitled. [Please
See: M.R. Gupta vs. Union of India (1995 5 SCC 628)]
5. 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 01.07.2021 (petitioner No.1),
01.07.2015 (petitioner No.2), 01.07.2022 (petitioner No.3), 01.07.2020
(petitioner No.4), 01.07.2016 (petitioner No.5), 01.07.2015 (petitioner No.6),
01.07.2022 (petitioner No.7), 01.07.2017 (petitioner No.8), 01.07.2022
(petitioner No.9), 01.07.2021 (petitioner No.10) and 01.07.2018 (petitioner
No.11) and recalculate the benefit of retiral dues and pension and issue fresh
PPO in favour of the petitioners within a period of three months from the date
of submitting copy of this order.
6. With the aforesaid, the petition stands allowed.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 7/13/2023
1:00:04 PM
(MANINDER S. BHATTI)
JUDGE
sp
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 7/13/2023
1:00:04 PM
