Mahendra Kumar Pathak (Now Died) ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 8781 MP

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                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                               ON THE 14 th OF JUNE, 2023
                                             WRIT PETITION No. 8382 of 2023

                          BETWEEN:-
                          MAHENDRA KUMAR PATHAK (NOW DIED) THROUGH
                          LRS SMT. LAXMI PATHAK W/O LATE MAHENDRA
                          KUMAR    PATHAK,  AGED    ABOUT    63  YEARS,
                          OCCUPATION: RETIRED PRINICPAL GOVT. YASHODA
                          BAI GIRLS HIGHER SECONDARY SCHOOL KHITOLA
                          BAZAR SIHORA R/O WARD NO. 12, BEHIND NEW POST
                          OFFICE KHITOLA BAZAR SIHORA DISTT. JABALPUR
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SHAKTI KUMAR SONI - ADVOCATE)

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

                          2.    THE  COMMISSIONER PUBLIC INSTRUCTIONS
                                GOUTAM NAGAR NEAR CHETAK BRODGE
                                BHOPAL (MADHYA PRADESH)

                          3.    TREASURY AND ACCOUNTS OFFICER JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          4.    DIVISIONAL    PENSION   OFFICER JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          5.    DISTRICT EDUCATION OFFICER JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI ANSHUL TIWARI - PANEL LAWYER)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 6/15/2023
10:56:49 AM
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                                                                ORDER

B y the instant petition, the petitioner, who is the wife of deceased employee namely Mahendra Kumar Pathak is claiming that although her husband 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.

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 husband of 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 01.07.2017 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.

With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 6/15/2023 10:56:49 AM