Dr. Abdul Rehman Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9963 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                       BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                              ON THE 1st OF JULY, 2023

                     WRIT PETITION NO. 14682 of 2023

       BETWEEN:-

       DR. ABDUL REHMAN KHAN S/O LATE SHRI A.G.
       KHAN, AGED ABOUT 66 YEARS, OCCUPATION:
       PENSIONER    (RETIRED    PROFESSOR    OF
       CHEMISTRY GOVT P.G. COLLEGE SHEOPUR) R/O
       CHHARBAGH,    NEAR    CHHATRI,  SHEOPUR
       (MADHYA PRADESH)

                                                                    .....PETITIONER

       (BY SHRI VIVEKJAIN - ADVOCATE)

       AND

1.     THE STATE OF MADHYA PRADESH THROUGH
       PRINCIPAL SECRETARY, DEPARTMENT OF
       HIGHER EDUCATION, VALLABH BHAWAN
       BHOPAL (MADHYA PRADESH)
2.     THE COMMISSIONER HIGHER EDUCATION
       DEPARTMENT, VTH FLOOR SATPURA BHAWAN
       (MADHYA PRADESH)
3.     THE DISTRICT PENSION OFFICER, DISTRICT
       SHEOPUR (MADHYA PRADESH)

                                                                 .....RESPONDENTS

       (BY SHRI M.S. JADON - ADVOCATE)
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       This petition coming on for admission this day, the court passed
the following:
                                       ORDER

1. The instant petition has been preferred by petitioner under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. The petitioner, who retired as Professor on 30-06-2022, was denied increment on the pretext that he is not entitled.

2. Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stood retired on 30th June, 2022, therefore, he is entitled to avail the benefit of annual increment which was to be added on 01.07.2022.

3. Learned counsel for respondent/State could not dispute the passing of s aid order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before the Supreme Court.

4. Heard.

5. After going through the judgment delivered by the Apex Court in the case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the view of M.P. High Court in the case of Yogendra

Singh Bhadauria and ors. vs. State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court has decided the controversy and found the employee entitled for the benefit of approval of entitlement to receive increment while rendering the services over a year with good behaviour and efficiency then it appears that petitioner has made out his case.

6. Resultantly, respondents are directed to grant the benefit of annual increment which was to be added w.e.f. 01.07.2022 and recalculate the benefit of retiral dues and pension etc. and issue fresh Pension Payment Order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

7. Petition stands allowed and disposed of in above terms.

                                                   (ANAND PATHAK)
Anil*                                                  JUDGE

             ANIL KUMAR
             CHAURASIYA
             2023.07.01
             16:51:34
             +05'30'