Mahesh Prasad Vishwakarma vs State Of Madhya Pradesh
2023 Latest Caselaw 9774 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. 14060 of 2023

                         BETWEEN:-
                         1.    MAHESH PRASAD VISHWAKARMA S/O SHRI
                               G.R.VISHWAKARMA, AGED ABOUT 64 YEARS,
                               OCCUPATION: RETD. ASSISTANT GRADE-I GOVT.
                               INDUSTRIAL TRAINING INSTITUTE PATAN
                               DISTRICT JABALPUR (MADHYA PRADESH)

                         2.    VIRENDRA KUMAR CHOUBEY S/O SHRI D.P.
                               CHOUBEY OCCUPATION: RETIRED ASSISTANT
                               GRADE II GOVT. INDUSTRIAL TRAINING
                               INSTITUTE DISTRICT JABALPUR (MADHYA
                               PRADESH)

                                                                                     .....PETITIONER
                         (BY SHRI SHISHIR VERMA-ADVOCATE)

                         AND
                         1.    STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY SKILL DEVELOPMENT
                               DEPARTMENT VALLABH BHAWAN MANTRALAYA
                               BHOPAL (MADHYA PRADESH)

                         2.    DIRECTOR SKILL DEVELOPMENT DIRECTORATE
                               NARMADA     MARG    RAMPUR    CHOURAHA
                               DISTRICT (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (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 petitioners are claiming that although petitioners No. 1 & 2 stood retired on 30.06.2021 and 30.06.2022 respectively Signature Not Verified Signed by: ASTHA SEN Signing time: 7/1/2023 5:10:47 PM

and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 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 to the petitioner No.1 & 2 with effect from 01.07.2021 and 01.07.2022 respectively 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.

(MANINDER S. BHATTI) JUDGE Astha

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