Dhrubh Prakash Uppadhyay vs State Of M.P.
2023 Latest Caselaw 9408 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. 11547 of 2023

                          BETWEEN:-
                          DHRUBH PRAKASH UPPADHYAY S/O SHRI HAR PRASAD
                          UPPADHYAY, AGED ABOUT 67 YEARS, OCCUPATION:
                          RETD. SUB ENGINEER R/O HOUSE NUMBER 3657/OA
                          MAN MOHAN NAGAR KRISHI UPAJ MANDI DAMOH
                          ROAD JABALPUR DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI RAJESH KUMAR SONI-ADVOCATE)

                          AND
                          1.    STATE OF M.P. THROUGH ITS PRINCIPAL
                                SECRETARY PUBLIC HEALTH ENGINEERING
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    ENGINEER IN CHIEF DEPARTMENT OF PUBLIC
                                HEALTH    ENGINEERING    DEPARTMENT M.P.
                                NAGAR   NEARBY POLYTECHNIC COLLAGE
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    SUPERINTENDING ENGINEER PUBLIC HEALTH
                                ENGINEERING NEARBY POLYTECHNIC COLLAGE
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY MS. GULAB KALI PATEL-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 30.06.2016, and the annual increment was to be added on 1st of July Signature Not Verified Signed by: ASTHA SEN Signing time: 6/23/2023 12:30:48 PM

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)]

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

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

7. With the aforesaid, the petition stands allowed. Signature Not Verified Signed by: ASTHA SEN Signing time: 6/23/2023 12:30:48 PM

(MANINDER S. BHATTI) JUDGE Astha

Signature Not Verified Signed by: ASTHA SEN Signing time: 6/23/2023 12:30:48 PM