Madhav Singh Raghuwansi vs The State Of Madhya Pradesh
2023 Latest Caselaw 11455 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. 13632 of 2023

                          BETWEEN:-
                          1.    MADHAV SINGH RAGHUWANSI S/O SHRI SIYARM
                                RAGHUWANSI, AGED      ABOUT  63 YEARS,
                                OCCUPATION: RETIRED LECTURE GOVT. GIRLS
                                NAVEEN    HIGHER   SECONDARY     SCHOOL
                                GADARWARA BLOCK SAIKHEDA DISTRICT
                                NARSINGHPRU R/ORAJEEVWARD GADARWARA
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                          2.    LAXMI PATHAK W/O LATE SHRI MAHENDRA
                                PATHAK, AGED ABOUT 63 YEARS, OCCUPATION:
                                RETIRED UPPER DIVISION TEACHER O/O BLOCK
                                EDUCATION    OFFICER   SIHORA   DISTRICT
                                JABALPUR WARD NO. 12 BEHIND NEW POST
                                OFFICE KHITOLA BAZAR (SIHORA) DISTRICT
                                JABALPUR (MADHYA PRADESH)

                          3.    MOHD. SALIM KHAN S/O MOHD. ISMAIL KHAN,
                                AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                                UPPER DIVISION TEACHER GOVT. MIDDLE
                                SCHOOL GUDMA SANKUL GOVT. H.S.S. KHAMI
                                TAHSIL BARGHAT DISTRICT SEONI INRONT OF
                                GIRLS H.S.S. BARGHAT DISTRICT SEONI
                                (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY SCHOOL EDUCATION R/O VALLABH
                                BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    THE   COMMISSIONER PUBLIC INSTRUCTION
                                GOUTAM NAGAR NEAR CHETAK BRIDGE
                                BHOPAL (MADHYA PRADESH)

                          3.    TREASURY AND ACCOUNTS OFFICER JABALPUR
Signature Not Verified
                                DISTRICT JABALPUR (MADHYA PRADESH)
Signed by: PRADYUMNA
BARVE
Signing time: 7/22/2023
12:18:34 PM
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                          4.    DISTRICT PENSION    OFFICER NARSINGHPUR
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER S EO N I DISTRICT
                                SEONI (MADHYA PRADESH)

                          6.    DISTRICT     PENSION    OFFICER JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          7.    DISTRICT EDUCATION OFFICER NARSINGHPUR
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                          8.    DISTRICT EDUCATION OFFICER JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          9.    DISTRICT EDUCATION OFFICER SEONI DISTRICT
                                SEONI (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                          (BY MS. GULABKALI PATEL - GOVT. ADVOCATE)

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

B y the instant petition, the petitioners are claiming that although they stood retired on 30.06.2021 and the benefit of annual increment was to be

extended to them on 1st of July of that year, but same was not granted to them.

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. Considering the aforesaid and taking note of the judgment passed by Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 7/22/2023 12:18:34 PM

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 granted to the petitioners with effect from 01.07.2021 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.

4. With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE PB

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