Vinod Kumar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 8908 MP

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 15 th OF JUNE, 2023
                                          WRIT PETITION No. 11904 of 2023

                           BETWEEN:-
                           VINOD KUMAR MISHRA S/O LATE SHRI RAMKRISHN
                           MISHRA, AGED ABOUT 68 YEARS, OCCUPATION:
                           RETIRED ASSISTANT GRADE III FROM THE OFFICE OF
                           CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
                           TIMARNI DISTRICT HARDA R/O WARD NO 13 MADHAV
                           NAGAR TIMARNI DISTRICT HARDA (MADHYA
                           PRADESH)

                                                                            .....PETITIONER
                           (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY PANCHAYAT AND RURAL
                                 DEVELOPMENT DEPATMENT R/O VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY REVENUE DEPARTMENT
                                 VALLAH BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    COMMISSIONER PANCHAYAT AND RURAL
                                 DEVELOPMENT DEPARTMENT VINDHAYACHAL
                                 BHAWAN (MADHYA PRADESH)

                           4.    COMMISSIONER     (REVENUE ) REVENUE
                                 NARMADAPURAM DISTRICT NARMADAPURAM
                                 (MADHYA PRADESH)

                           5.    COLLECTOR COLLECTOR DISTRICT       HARDA
                                 (MADHYA PRADESH)

                           6.    DISTRICT PENSION OFFICER HARDA DISRICT
                                 HARDA (MADHYA PRADESH)

                           7.    DISTRICT TREASURY OFFICER HARDA DISRICT
Signature Not Verified
                                 HARDA (MADHYA PRADESH)
Signed by: VINAY KUMAR
BURMAN
Signing time: 15-06-2023
18:12:02
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                                                                                          .....RESPONDENTS
                           (BY SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENTS/STATE)

                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2014 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 and 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. No other argument is advanced by the counsel for the petitioner.

4. Considering the aforesaid and taking note of the judgment passed by the Supreme Court in case of C.P. Mundinamani (supra), this petiton is allowed, directing the respondents to grant of benefit of annual increment which was to be added with effect from 01.07.2014 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.

5. With the aforesaid, the petition stands allowed.

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 15-06-2023 18:12:02

(G.S. AHLUWALIA) JUDGE vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 15-06-2023 18:12:02