Ganesh Swaroop Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9081 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 19 th OF JUNE, 2023
                                            WRIT PETITION No. 19668 of 2020

                          BETWEEN:-
                          1.    GANESH SWAROOP MISHRA S/O SHANTI
                                SWAROOP      MISHRA,    AGED-62     YEARS,
                                OCCUPATION: PENSIONER RETIRED AS ASSTT.
                                GRADE 2 O/O DEPUTY DIRECTOR E.S.I. GWALIOR
                                R/O 102 OMNKAR NATH APARTMENT THATIPUR
                                GWALIOR (MADHYA PRADESH)

                          2.    RAJENDRA SINGH SIKARWAR S/O LAXMAN
                                SINGH      SIKARWAR,   AGED-65    YEARS,
                                OCCUPATION: RETIRED AS ASSTT. GRADE 2 O/O
                                E.S.I. CENTRE MALANPUR BHIND R/O 5 SHRI
                                KRISHAN COLONY PADAV GWALIOR (MADHYA
                                PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI K.K. PRAJAPATI WITH SHRI ANIL SHARMA- ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY    MINISTRY OF  LABOUR
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    DIRECTOR EMPLOYEE STATE INSURACNE
                                S ERVI CE NANDA NAGAR INDORE (MADHYA
                                PRADESH)

                          3.    DISTRICT PENSION OFFICR GWALIOR (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI DEEPAK KHOT- GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 20-Jun-23
5:25:18 PM
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                                                                ORDER

The present petition under Article 226 of the Constitution of India has been directed against the inaction on the part of the respondents in not granting the annual increment due to the petitioners on 01.07.2020 and 01.07.2016 on completion of the full year of service despite of various orders of Hon'ble apex court and High Courts.

At the outset, learned counsel for the petitioner while placing reliance in the matter of Dr. Rameshwar Prasad Gupta vs. State of Madhya Pradesh passed in W.P. No. 12902/2023 dated 15.06.2023 submitted that the controversy has been put to rest by this cort, wherein reliance was placed in the

matter of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., passed in Civil Appeal No.2471/2023 dated 11.04.2023 whereby after considering the judgments of different High Courts including this 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 was further submitted that as the controversy is now no longer res integra and the present petitioners have stood retired on 30.06.2020 and 30.06.2016 resp., therefore, they are entitled for availing the benefit of annual increment which would be added on 01.07.2020 and 01.07.2016.

Shri Deepak Khot, learned DAG submits that the controversy though appears to be put to rest by the Hon'ble Apex court that earlier due to difference of opinion between the two Benches of this Court the subject matter was referred to a large Bench which is still pending, thus, he prays for deferment of the matter till the decision of the larger Bench.

After hearing counsels for the parties and perusing the record, this Court Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 20-Jun-23 5:25:18 PM

finds that the said controversy has already been put to rest by the Hon'ble Apex Court which has been elucidated by this Court in the matter of Dr. Rameshwar Prasad Gupta vs. State of M.P. (supra).

Resultantly, it is held that the petitioners are entitled for the benefit of annual increment which will fell due on respective first day of July of the year of their retirement and the respondents are, therefore, directed to grant the benefit of annual increment and recalculate the benefit of retiral dues and pension of the petitioners and issue fresh pension payment order in favour of the petitioner, if not already issued.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of. E-copy/certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 20-Jun-23 5:25:18 PM