Laxminarayen Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 9960 MP

                                                         1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 1 st OF JULY, 2023
                                           WRIT PETITION No. 14322 of 2023

                         BETWEEN:-
                         LAXMINARAYEN SHARMA S/O SHRI VASUDEO JI
                         SHARMA, AGED ABOUT 74 YEARS, OCCUPATION: RETD.
                         GOVT. SERVANT 15/01 PATWARI COLONY BARWAHA
                         DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI SHASHANK PATWARI, ADVOCATE)

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

                         2.    C O M M I S S I O N E R PUBLIC    INSTRUCTIONS
                               D E PA R T M E N T GAUTAM      NAGAR,  BHOPAL
                               (MADHYA PRADESH)

                         3.    DISTRICT   EDUCATION    OFFICER SCHOOL
                               EDUCATION        DEPARTMENT KHARGONE
                               (MADHYA PRADESH)

                         4.    PRINCIPAL GOVT. GIRLS H.S.SCHOOL BARWAH
                               BARWAH (MADHYA PRADESH)

                         5.    DISTRICT        PENSION       OFFICER
                               TREASURY,ACCOUNTS      AND    PENSION
                               DEPARTMENT KHARGONE (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         ( BY MS. PRANJALI YAJURVEDI, PANEL LAWYER APPEARING ON
                         BEHALF OF ADVOCATE GENERAL).

                               This petition coming on for admission this day, th e court passed the
                         following:
Signature Not Verified
                                                          ORDER

Signed by: MONI RAJU Signing time: 7/1/2023 4:44:23 PM

By the instant petition, the petitioner is claiming that although he stood retired on 30/06/2007 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 KPTCK 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 Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01/07/2007 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 Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE moni

Signature Not Verified Signed by: MONI RAJU Signing time: 7/1/2023 4:44:23 PM