Ashok Kumar Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 11162 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                  ON THE 18 th OF JULY, 2023
                                              WRIT PETITION No. 16453 of 2023

                           BETWEEN:-
                           ASHOK KUMAR JAIN S/O SHRI KAMAL CHAND JAIN,
                           AGED ABOUT 65 YEARS, OCCUPATION: PENSIONER
                           NEAR SWAGAT GARDEN JAGATPUR KOLARAS
                           DISTRICT SHIVPURI (MADHYA PRADESH)

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

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL    SECRETARY     EDUCATION
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION             OFFICER SHIVPURI
                                 (MADHYA PRADESH)

                           3.    BLOCK EDUCATION OFFICER BLOCK KOLARAS,
                                 SHIVPURI (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER SHIVPURI (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

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

The instant petition has been preferred by petitioner, under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. The petitioner, who retired as Assistant Signature Not Verified Signed by: RASHID KHAN Signing time: 19-07-2023 10:28:04 AM

Teacher on 30.06.2020, was denied increment on the pretext that he is not entitled.

2. Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee

who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stood retired on 30th June, 2020, therefore, he is entitled to avail the benefit of annual increment which was to be added on 01.07.2020.

3. Learned counsel for respondent/State could not dispute the passing of s aid order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before the Supreme Court.

4. Heard.

5. After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the view of M.P. High Court in the case of Yogendra Singh Bhadauria and Ors. vs . State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court has decided the controversy and found the employee entitled for the benefit of approval of

Signature Not Verified entitlement to receive increment while rendering the services over a year with Signed by: RASHID KHAN Signing time: 19-07-2023 10:28:04 AM

good behaviour and efficiency then it appears that petitioner has made out his case.

6. Resultantly, respondents are directed to grant the benefit of annual increment which was to be added w.e.f. 01.07.2020 and recalculate the benefit of retiral dues and pension etc. and issue fresh pension payment order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

7. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Rashid

Signature Not Verified Signed by: RASHID KHAN Signing time: 19-07-2023 10:28:04 AM