Dr. Smt. Arina Chaudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 11645 MP

                                                             1
                            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. 17636 of 2023

                           BETWEEN:-
                           DR. SMT. ARINA CHAUDHARY W/O LATE DR. RAVI
                           SHANKER CHAUDHARY, AGED ABOUT 67 YEARS,
                           OCCUPATION: RETIRED SURGEON (SPECIALIST) R/O
                           AKANKSHA HOSPITAL GHAMAPUR CHAUK JABALPUR
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI J.B.SINGH - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 SECRETARY DIRECTORATE     OF   MEDICAL
                                 EDUCATION MANTRALAYA VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    REGIONAL     DIRECTOR, HEALTH SERVICES
                                 JABALPUR DIVISION (MADHYA PRADESH)

                           3.    DIVISIONAL/DISTRICT         PENSION        OFFICER,
                                 J A B A L P U R DISTRICT   JABALPUR       (MADHYA
                                 PRADESH)

                           4.    S U P E R I N T E N D E N T , RANI DURGAVATI
                                 CHIKITSALAYA JABALPUR DISTRICT JABALPUR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)

                                 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 she stood

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 26-07-2023 18:55:17

retired on 30.06.2021 and the annual increment was to be added on 1st of July of that year, but she was not granted the said benefit.

2. Learned counsel for the petitioner 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 petitioner is 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 01.07.2020 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.

4. With aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 26-07-2023 18:55:17