Smt Shobha Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 9382 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                  ON THE 22 nd OF JUNE, 2023
                                              WRIT PETITION No. 13407 of 2023

                          BETWEEN:-
                          SMT SHOBHA DUBEY W/O SHRI RAMESH KUMAR
                          DUBEY, AGED ABOUT 64 YEARS, OCCUPATION:
                          RETIRED EMPLOYEE R/O ANAND NAGAR KANDELI
                          NARSINGHPUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI MANHAR DIXIT - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                SCHOOL EDUCATION R/O VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    DEPARTMENT OF FINANCE VALLABH BHAWAN
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER DEPARTMENT
                                OF     SCHOOL    EDUCATION NARSINGHPUR
                                (MADHYA PRADESH)

                          4.    DISTRICT PENSION OFFICER DISTRICT PENSION
                                OFFICE         NARSINGHPPUR NARSINGHPUR
                                (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )

                                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 30.06.2021 and the annual increment was to be added on 1st of Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/24/2023 11:24:57 AM

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. 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 01.07.2021 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.

4. With the aforesaid, the petition stands allowed.

(MANINDER S. BHATTI) JUDGE mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/24/2023 11:24:57 AM