Mordhwaj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9773 MP

                                                     1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                  BEFORE
                                  HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 28 th OF JUNE, 2023
                                        WRIT PETITION No. 14149 of 2023

                         BETWEEN:-
                         MORDHWAJ SINGH S/O SHRI RAM LALJI SINGH, AGED
                         ABOUT 66 YEARS, OCCUPATION: CHIEF MUNICIPAL
                         COUNCIL OFFICER NAGAR PARISHAD KATANGI
                         DISTRICT JABALPUR R/O BEHIND COURT, WARD NO.6,
                         H.NO.147, SHAHDOL DISTRICT SHAHDOL (MADHYA
                         PRADESH)

                                                                            .....PETITIONER
                         (BY SHRI G.S. BAGHEL-ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE PRINCIPAL SECRETARY DEPARTMENT OF
                               URBAN ADMINISTRATION AND DEVELOPMENT
                               GOVERNMENT OF M.P. MANTRALAYA VALLABH
                               BHAWAN BHOPAL (MADHYA PRADESH)

                         2.    JOINT DIRECTOR URBAN ADMINISTRATION AND
                               DEVELOPMENT DEPARTMENT GOVERNMENT OF
                               MADHYA PRADESH MANTRALAYA VALLABH
                               BHAWAN (MADHYA PRADESH)

                         3.    CHIEF MUNICIPAL OFFICER NAGAR PARISHAD
                               K A T A N G I DISTRICT JABALPUR (MADHYA
                               PRADESH)

                         4.    MANAGER (ACCOUNT) (PENSION) DIRECTORATE
                               URBAN ADMINISTRATION AND DEVELOPMENT
                               GOVINDPURA BHOPAL (MADHYA PRADESH)

                         5.    CHIEF   MANAGER STATE BANK OF INDIA
                               CENTRAL PENSION PROCEDURE CELL (CPPC)
                               GOVINDPURA BHOPAL DISTRICT (MADHYA
                               PRADESH)

                                                                          .....RESPONDENTS
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 7/1/2023
5:10:47 PM
                                                      2
                         (BY MS. G.K. PATEL-GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                         following:
                                                                ORDER

1. By the instant petition, the petitioner is claiming that although petitioner stood retired on 30.06.2017 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 and 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 t h e 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 to the petitioner with effect from 01.07.2017 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 Astha

Signature Not Verified Signed by: ASTHA SEN Signing time: 7/1/2023 5:10:47 PM