Shiv Shankar Tripathi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9933 MP

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IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 1st OF JULY, 2023
                 WRIT PETITION No. 14548 of 2023

BETWEEN:-

SHIV SHANKAR TRIPATHI S/O LATE SHREE
CHHOTELAL TRIPATHI, AGED ABOUT 67 YEARS,
OCCUPATION: RETIRED ASSISTANT ENGINNER
R/O 1331 BEHIND BOOK HOUSE SHIV NAGAR
REWA DISTRICT REWA (MADHYA PRADESH)
                                                      .....PETITIONER
(BY SHRI D.K.SHUKLA - ADVOCATE)

AND

1.    THE STATE OF MADHYA PRADESH
      THROGUH     CHIEF   SECRETARY
      DEPARTMENT    OF   JALBHAWAN(
      BANGANGA) R/O BHOPAL (MADHYA
      PRADESH)

2.    CHIEF     ENGINEER(PHE),  JABALPUR
      DISTRICT JABALPUR (MADHYA PRADESH)

3.    SUPERINTENDING ENGINEER(PHE) REWA
      CIRCLE   DISTRICT REWA    (MADHYA
      PRADESH)

4.    EXECUTIVE      ENGINEER(PHE),   SIDHI
      DISTRICT SIDHI (MADHYA PRADESH)

5.    DISTRICT TREASURY OFFICER, SIDHI
      DISTRICT SIDHI (MADHYA PRADESH)
                                                   .....RESPONDENTS
(BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

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

1. By the instant petition, the petitioners are claiming that although petitioner No. 1 stood retired on 30.06.2022 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 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 and 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 to the petitioner with effect from 01.07.2022 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner within a period of threemonths from the date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE HEMANT SARAF 2023.07.04 19:23:33 +05'30'

HS