Ramprasad Marskole vs The State Of Madhya Pradesh
2023 Latest Caselaw 11643 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 25 th OF JULY, 2023
                                            WRIT PETITION No. 3688 of 2020

                          BETWEEN:-
                          1.    RAMPRASAD    MARSKOLE    S/O    AKHADIYA
                                MARSKOLE,   AGED    ABOUT    64   YEARS,
                                OCCUPATION: RETIRED "NANDI RAKSHAK"
                                VETERINARY DEPARTMENT SEONI, DISTRICT
                                SEONI (MADHYA PRADESH)

                          2.    DINESH KUMAR KATARE, S/O KRIPARAM
                                KATARE, AGED ABOUT 63 YEARS, OCCUPATION:
                                RETIRED   B.E.O,  R/O   HOUSING   BOARD
                                NARSINGHPUR,     DISTRICT   NARSINGHPUR
                                (MADHYA PRADESH)

                                                                                    .....PETITIONERS
                          (BY SHRI RAJESH DUBEY- ADVOCATE)

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

                          2.    DEPUTY DIRECTOR VETERINARY SERVICES
                                SEONI, DISTT. SEONI (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER, NARSINGHPUR,
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                          4.    DISTRICT TREASURY OFFICER NARSINGHPUR,
                                DISTT. NARSINGHPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI NAVEEN DUBEY- GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: ASHISH KUMAR
LILHARE
Signing time: 7/26/2023
1:35:33 PM
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                                                                 ORDER

By the instant petition, the petitioners are claiming that although they stood retired on 30.06.2018 and 30.06.2017 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 & 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 01.07.2018 to petitioner No.1 and 01.07.2017 to petitioner No.2 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 date of submitting copy of this order.

4. With aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE ashish

Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 7/26/2023 1:35:33 PM