S.K. Joshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9209 MP

                                                       1
                           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. 13181 of 2023

                          BETWEEN:-
                          1.    S.K. JOSHI S/O LATE SHRI KASHINATH JI, AGED
                                ABOUT     67   YEARS, OCCUPATION: RETIRED
                                JUNIOR     DIRECTOR    GOVT.   POLYTECHNIC
                                COLLEGE HARDA DISTRICT HARDA 105/106
                                SHAYAMA NAGAR HARDA DISTRICT HARDA
                                (MADHYA PRADESH)

                          2.    SURESH BANKE S/O LATE SHRI SHIVRAM JI
                                BANKE, AGED ABOUT 67 YEARS, OCCUPATION:
                                RETIRED PEON, GOVT. POLYTECHNIC COLLEGE
                                HARDA DISTRICT HARDA R/O PATHAK COLONY
                                IN FRONT OF CHAKOOR BHAWAN CHIPANER
                                ROAD, HARDA DISTRICT HARDA (MADHYA
                                PRADESH)

                          3.    NANDKISHORE BHAT S/O LATE SHRI DEVAJI
                                BHAT, AGED ABOUT 65 YEARS, OCCUPATION:
                                RETIRED PEON, GOVT. POLYTECHNIC COLLEGE
                                HARDA DISTRICT HARDA R/O KHANDWA BYPASS
                                ROAD, HARDA DISTRICT HARDA (MADHYA
                                PRADESH)

                                                                              .....PETITIONERS
                          (BY SHRI JITENDRA ARYA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE   SECRETARY    HIGHER  EDUCATION
                                TECHNICAL DEPARTMENT VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    ADDITIONAL DIRECTOR, COLLEGE TECHNICAL
                                HIGHER EDUCATION DIRECTORATE SATPUDA
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          3.    COMMISSIONER,     COLLEGE   TECHNICAL
                                EDUCATION DIRECTORATE SATPUDA BHAWAN,
Signature Not Verified
                                BHOPAL (MADHYA PRADESH)
Signed by: PRADYUMNA
BARVE
Signing time: 6/21/2023
6:27:12 PM
                                                                2

                          4.    PRINCIPAL, POLYTECHNIC COLLEGE                  HARDA
                                DISTRICT HARDA (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER AND TREASURY
                                ACCOUNT HARDA DISTRICT HARDA (MADHYA
                                PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI SWAPNIL GANGULI - DY. ADVOCATE GENERAL )

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

By the instant petition, the petitioners are claiming that although petitioner No.1 stood retired on 30.06.2019, petitioner No. 2 stood retired on 30.6.2019

and petitioner No. 3 stood retired on 30.6.2020 and the annual increment was to

be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 petitioners are 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 01.07.2019, 1.7.2019 and 1.7.2020 to petitioner Nos. 1, 2 and 3 respectively and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 6/21/2023 6:27:12 PM

three months from the date of submitting certified copy of this order.

4. As this order is being passed at admission stage itself, the respondents shall be at liberty to seek review of the order

5. With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 6/21/2023 6:27:12 PM