Smt. Agya Kaur Jangi vs The State Of M.P.
2023 Latest Caselaw 11060 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 17 th OF JULY, 2023
                                           WRIT PETITION No. 15165 of 2023

                           BETWEEN:-
                           1.    SMT. AGYA KAUR JANGI W/O SAMARJEET SINGH
                                 JANGI, AGED ABOUT 69 YEARS, OCCUPATION:
                                 RETIRED GOVT. EMPLOYEE R/O WARD NO. 5
                                 BEHIND OF CHHOTI MASJID NAINPUR DISTRICT
                                 MANDLA (MADHYA PRADESH)

                           2.    SMT. MAY HARDAHA W/O GOPAL PRASAD
                                 HARDAHA,    AGED    ABOUT   65   YEARS,
                                 OCCUPATION: RETIRED GOVT. EMPLOYEE
                                 RESIDENT OF NIWADI IN FRONT OF COLLAGE
                                 NAINPUR DISTRICT      MANDLA (MADHYA
                                 PRADESH)

                           3.    SMT. NARMADA TIWARI W/O SHRI DEVI PRASAD
                                 TIWARI, AGED ABOUT 66 YEARS, OCCUPATION:
                                 RETIRED GOVT. EMPLOYEES RESIDENT OF WAR
                                 NO.9 BEHIND OF KALI JI KE MANDIR NAINPUR
                                 DISTRICT MANDLA (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI ASHISH VISHWAKARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF M.P. THROUGH ITS PRINCIPAL
                                 SECRETARY, TRIBAL WELFARE DEPARTMENT
                                 (EDUCATION),   MANTRALAYA,     VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE STATE OF M.P. THROUGH ITS PRINCIPAL
                                 SECRETARY SCHOOL EDUCATION DEPARTMENT
                                 MANTRALAYA VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE DISTRICT EDUCATION OFFICER DISTRICT
                                 MANDLA (MADHYA PRADESH)

                           4.    THE   BLOCK   EDUCATION   OFFICER MANDLA
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 17-07-2023
18:45:17
                                                       2
                                 DISTRICT MANDLA (MADHYA PRADESH)

                           5.    THE DISTRICT TREASURY OFFICER DISTRICT
                                 MANDLA (MADHYA PRADESH)

                           6.    THE DISTRICT PENSIONER OFFICER DISTRICT
                                 MANLDA (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (BY SHRI K.S. BAGHEL - 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 petitioners stood retired on 30/6/2017, 30/6/2020 and 30/6/2019 respectively

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 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 petitioners are 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 to the petitioners with effect from 1/7/2017, 1/7/2020 and 1/7/2019 respectively 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 Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 17-07-2023 18:45:17

date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 17-07-2023 18:45:17