Laxman Anuragi vs The State Of Madhya Pradesh
2023 Latest Caselaw 11446 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                  ON THE 21 st OF JULY, 2023
                                              WRIT PETITION No. 16824 of 2023

                          BETWEEN:-
                          LAXMAN ANURAGI S/O LATE SHRI G.L. ANURAGI,
                          AGED ABOUT 65 YEARS, OCCUPATION: RETIRED SUB
                          DIVISIONAL OFFICER (POLICE) CHURHAT DISTRICT
                          SIDHI POORANPURA VIDISHA CIVIL LINE DISTRICT
                          VIDISHA (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI RAJESH TIWARI - ADVOCATE)

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

                          2.    DIRECTOR GENERAL OF POLICE M.P. POLICE
                                H E A D Q U A R T E R JAHANGIRABAD BHOPAL
                                (MADHYA PRADESH)

                          3.    SUPERINTENDENT OF POLICE S ID HI DISTRICT
                                SIDHI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI LALIT JOGLEKAR - GOVT. 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 30.06.2020 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: PRADYUMNA BARVE Signing time: 7/22/2023 12:18:34 PM

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. Per contra, learned counsel for the respondents submits that the petitioner has approached this Court belatedly inasmuch as, accordingly to the petitioner's own showing he was superannuated way back on 30.06.2020.

4. Having considered the submissions advanced on behalf of the parties,

the benefits to the petitioner 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 petitioner is 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 01.07.2020 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.

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 7/22/2023 12:18:34 PM