R.C. Chouhan vs Madhya Pradesh Power Generating ...
2023 Latest Caselaw 9718 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 27 th OF JUNE, 2023
                                             WRIT PETITION No. 11593 of 2020

                           BETWEEN:-
                           1.    R.C. CHOUHAN S/O SHRI RAMSINGH CHOUHAN,
                                 AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
                                 EXECUTIVE ENGG. R/O 14, MADHUBAN COLONY,
                                 N EAR , MAHANANDA NAGAR UJJAIN (MADHYA
                                 PRADESH)

                           2.    INDER MAL JAIN S/O SHRI RATANLAL JI JAIN,
                                 AGED    ABOUT      64   YEARS, OCCUPATION:
                                 PENSIONER R/O 57 J, SECTOR-A, SCHEME NO. 71
                                 (MADHYA PRADESH)

                           3.    PURUSHOTTAM KULMI S/O SHRI NATHULAL
                                 KULMI, AGED ABOUT 62 YEARS, OCCUPATION:
                                 RETIRED EXECUTIVE ENGG. R/O BEHIND GOVT.
                                 COLLEGE. SHAJAPUR (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                           (BY SHRI SANTOSH PANDEY - ADVOCATE)

                           AND
                           1.    MADHYA PRADESH      POWER   GENERATING
                                 COMPANY LIMITED THROUGH MANAGING
                                 DIRECTOR SHAKTI BHAVAN RAMPUR JABALPUR
                                 (MADHYA PRADESH)

                           2.    CHIEF ENGINEER. HUMAN RESOURCE AND
                                 ADMINISTRATION. MP POWER GENERATING CO.
                                 LTD MP POWER GENERATING CO. LTD RAMPUR
                                 DIST. JABALPUR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS


                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 27-06-2023
17:45:24
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                                                                 ORDER

B y the instant petition, the petitioners are claiming that although they stood retired on 30.06.2016 and 30.6.2020 and the annual increment was to be

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

2. Learned counsel for the petitioners submits that petitioner Nos.1 & 2 retired on 30/6/2016 and petitioner No.3 retired on 30/6/2020 and 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 01.07.2016 (for petitioner Nos.1 & 2) and 1.07.2020 (for petitioner No.3) and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners 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: 27-06-2023 17:45:24