Munna Lal Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9208 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                            ON THE 20 th OF JUNE, 2023
                                         WRIT PETITION No. 13173 of 2023

                          BETWEEN:-
                          MUNNA LAL AHIRWAR S/O LATE SHRI JALAM
                          AHIRWAR, AGED ABOUT 67 YEARS, OCCUPATION:
                          RETIRED INSPECTOR R/O 564 JAGDAMBA COLONY
                          NEAR DR. SAIFIYA AGRASEN WARD KOTWALI
                          DISTRICT JABALPUR (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI ANSHUL TIWARI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                FINANCE R/O BHOPAL (MADHYA PRADESH)

                          2.    STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL      SECRETARY      GENERAL
                                ADMINISTRATION     DEPARTMENT VALLABH
                                BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    DIRECTOR GENERAL OF POLICE MADHYA
                                PRADESH       POLICE      HEADQUARTER
                                JEHANGIRABAD BHOPAL (MADHYA PRADESH)

                          4.    DIRECTOR GENERAL E.O.W. EOW BHAWAN 42,
                                ARERA HILLS, BHOPAL (MADHYA PRADESH)

                          5.    SUPERINTENDANT OF POLICE ECONOMIC
                                O FFE N C E S WING MCI COLONY KATANGA
                                JABALPUR (MADHYA PRADESH)

                          6.    DISTRICT    PENSION    OFFICER JABALPUR
                                JABALPUR (MADHYA PRADESH)

                                                                          .....RESPONDENTS
                          (BY SMT. GULAB KALI PATEL - GOVERNMENT ADVOCATE )

Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 6/21/2023
11:58:31 AM
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                                 This petition coming on for admission this day, the court passed the
                          following:
                                                                 ORDER

By the instant petition, the petitioner is claiming that although he

stood retired on 30.06.2016 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. Per contra, learned counsel for the respondents submits that the petitioner has approached this Court belatedly inasmuch as, accordingly to the petitioner's own showing he was superannuated way back on 30.06.2016.

4. Having considered the submissions advanced on behalf of the parties, firstly the benefits to the petitioner cannot be declined inasmuch as, the extension of benefit of increments is recurring cause of action having direct nexus with the pecuniary benefits for which, the petitioner is entitled. [Please See: M.R. Gupta vs. Union of India (1995 5 SCC 628)]

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 01.07.2016 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioner Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/21/2023 11:58:31 AM

within a period of three months from the date of submitting copy of this order.

4. With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/21/2023 11:58:31 AM