Dinesh Kumar Sharma vs The State Of Madhya Pradesh Water ...
2023 Latest Caselaw 11471 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 21 st OF JULY, 2023
                                             WRIT PETITION No. 17183 of 2023

                           BETWEEN:-
                           DINESH KUMAR SHARMA S/O KANHAIYA LAL
                           SHARMA, AGED ABOUT 63 YEARS, OCCUPATION: RTD
                           ASSISTANT GRADE 3 OFFICE OF THE EXECUTIVE
                           ENGINEER   WATER   RESOURCES    DEPARTMENT
                           SHAJAPUR SIDDHARTH NAGAR DUPADA ROAD
                           SHAJAPUR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (SHRI KISHORI LAL PUROHIT- ADVOCATE)

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

                           2.    EXECUTIVE ENGINEER WATER RESOURCE
                                 D EPARTM EN T TANKI CHOURAHA BERCHHA
                                 ROAD SHAJAPUR (MADHYA PRADESH)

                           3.    DIVISIONAL PENSION OFFICER UJJAIN DIVISION
                                 BHARATPURI UJJAIN (MADHYA PRADESH)

                           4.    DISTRICT   PENSION   OFFICER A.B             ROAD
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

B y the instant petition, the petitioners are claiming that although they

Signature Not Verified Signed by: SOURABH YADAV Signing time: 21/07/2023 5:50:08 PM

stood retired on 30.06.2022 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. 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 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.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 21/07/2023 5:50:08 PM