Kailash Narayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9432 MP

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                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 22 nd OF JUNE, 2023
                                              WRIT PETITION No. 11638 of 2023

                           BETWEEN:-
                           KAILASH NARAYAN S/O BAKSHILAL JI PANDEY, AGED
                           ABOUT   62   YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT R/O 59/02 JAIN COLONY NAYAPURA UJJAIN
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI RAHUL PANCHAL, ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN,  BHOPAL
                                 (MADHYA PRADESH)

                           2.    CHIEF ENGINEER (ELECTRIC AND SAFETY) AND
                                 CHIEF ELECTRICAL INSPECTOR (KA) BLOCK
                                 THRID FLOOR SATPURA BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           3.    DIVISIONAL JOINT DIRECTOR TREASURY AND
                                 ACCOUNTS    DEPARTMENT BHOPAL (MADHYA
                                 PRADESH)

                           4.    DISTRICT   PENSION    OFFICER TREASURY,
                                 ACCOUNTS AND PENSION DEPARTMENT UJJAIN
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI ANAND BHATT, P.L. )

                                 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

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 22-06-2023 17:37:36

retired on 30/06/2018 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 KPTCK 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 Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01/07/2018 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 Court.

4. With the aforesaid, the petition stands allowed.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 22-06-2023 17:37:36