Girish vs The State Of Madhya Pradesh
2023 Latest Caselaw 9948 MP

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                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 1 st OF JULY, 2023
                                               WRIT PETITION No. 14599 of 2023

                           BETWEEN:-
                           GIRISH S/O LATE BHARAT SINGH PUROHIT, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETIRED R/O 68,
                           RAJIV NAGAR OPP P AND T COLONY KASTURBA
                           NAGAR DISTT. RATLAM (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI HARISH JOSHI - ADVOCATE)

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

                           2.    EXECUTIVE       ENGINEER     IRRIGATION
                                 D EPARTM EN T DIVISION RATLAM (MADHYA
                                 PRADESH)

                           3.    DISTRICT      PENSION                 OFFICER OLD
                                 COLLECTORATE   GROUND              DIST.  RATLAM
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI MUKESH PARWAL - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioner is claiming that although he 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.

Learned counsel for the petitioner submits that the issue involved in the Signature Not Verified Signed by: SOURABH YADAV Signing time: 01/07/2023 3:07:08 PM

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.

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 01.07.2022 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.

With the aforesaid, the petition stands allowed.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 01/07/2023 3:07:08 PM