Suresh Yogi vs The State Of Madhya Pradesh
2023 Latest Caselaw 9522 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 23 rd OF JUNE, 2023
                                             WRIT PETITION No. 13525 of 2023

                           BETWEEN:-
                           SURESH YOGI S/O SHRI ANARLAL JI YOGI, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETIRED R/O 4/16
                           BASANT BIHAR DISTT. UJJAIN (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI ARVIND KUMAR SHARMA - ADVOCATE)

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

                           2.    D I R E C T O R FARMER WELFARE  AND
                                 AGRICULTURE DEPARTMENT VINDHYANCHAL
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                 PENSION UJJAIN (MADHYA PRADESH)

                           4.    DEPUTY DIRECTOR FARMER WELFARE AND
                                 AGRICULTURE DEPARTMENT UJJAIN (MADHYA
                                 PRADESH)

                           5.    SUB DIVISIONAL OFFICER FARMER WELFARE
                                 AND   AGRICULTURE    DEPARTMENT UJJAIN
                                 (MADHYA PRADESH)

                           6.    DISTRICT TREASURY OFFICER UJJAIN (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI BHUWAN DESHMUKH - G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 23-06-2023
17:10:47
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                                                                  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 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.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 23-06-2023 17:10:47