Gulab Singh Singroure vs State Of Madhya Pradesh
2023 Latest Caselaw 8409 MP

                         1


IN THE HIGH COURT OF MADHYA PRADES
                 H
           AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 12th OF JUNE, 2023
              WRIT PETITION No. 11305 of 2023

BETWEEN:-

GULAB SINGH SINGROURE S/O LATE SHRI
MITTHULAL SINGROURE, AGED ABOUT 68
YEARS, OCCUPATION: RETIRED ASSISTANT
TEACHER FROM PRIMARY SCHOOL MAGHAON
BLOCK NARAYANGAN DISTRICT MANDLA R/O
VILLAGE SHANKARGAN CHANDEHAR POST
NARAYANGANJ DISTRICT MANDLA (MADHYA
PRADESH)
                                            .....PETITIONER
(BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

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

2.     STATE OF MADHYA PRADESH THROUGH
       ITS PRINCIPAL SECRETARY TRIBAL
       WELFARE    DEPARTMENT    VALLABH
       BHAWAN, BHOPAL (MADHYA PRADESH)

3.     STATE OF MADHHYA PRADESH THROUGH
       ITS COMMISSIONER SCHOOL EDUCATION
       DEPARTMENT GAUTAM NAGAR BHOPAL
       (MADHYA PRADESH)

4.     STATE OF MADHYA PRADESH THROUGH
       ITS COMMISSIONER TRIBAL WELFARE
       DEPARTMENT 2ND FLORE SATPURA
       BHAWAN BHOPAL (MADHYA PRADESH)

5.     ASSISTANT   COMMISSIONER    TRIBAL
       WELFARE      DEPARTMENT      NEAR
                                2


      COLLECTORATE    BUILDING              MANDLA
      DISTRICT (MADHYA PRADESH)

6.    BLOCK      EDUCATION                  OFFICER
      NARAYANGANJ    DISTRICT               MANDLA
      (MADHYA PRADESH)

7.    DISTRICT EDUCATION OFFICER MANDLA
      DISTRICT MANDLA (MADHYA PRADESH)

8.    DISTRICT TREASURY OFFICER MANDLA
      DISTRICT MANDLA (MADHYA PRADESH)
                                                      .....RESPONDENTS
(BY SHRI SUBODH KATHAL - PANEL LAWYER FOR RESPONDENTS/STATE)

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

the following:

                                ORDER

1. By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2017 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 & 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 01.07.2017 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 the aforesaid, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE

vinay* VINAY KUMAR BURMAN 2023.06.12 19:28:58 +05'30'