Smt. Sushila vs The State Of Madhya Pradesh
2023 Latest Caselaw 9902 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 30 th OF JUNE, 2023
                                              WRIT PETITION No. 6923 of 2022

                           BETWEEN:-
                           SMT. SUSHILA W/O RATANSINGH DEVDA, AGED ABOUT
                           64 YEARS, OCCUPATION: PENSIONER R/O VILLAGE
                           PARA TEHSIL RAMA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI YASH PAL RATHORE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 TRIBAL WELFARE DEPARTMENT VALLABH
                                 BHAWAN MANTRALAYA, BHOPAL (MADHYA
                                 PRADESH)

                           2.    COMMISSIONER     TRIBAL  WELFARE HUJUR,
                                 NEAR SATPUDA, BHOPAL (MADHYA PRADESH)

                           3.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                 JHABUA (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER JHABUA (MADHYA
                                 PRADESH)

                           5.    PRINCIPAL GOVT. GIRLS HIGH SEC. SCHOOL
                                 PARA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI PRANAY JOSHI - P.L.)

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

B y the instant petition, the petitioner is claiming annual increment on behalf of her husband who was working as Assistant Teacher and retired on Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 30-06-2023 17:47:52

30.06.2017 and the annual increment was to be added on 1st of July of that year, but the husband 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 01.07.2017 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.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 30-06-2023 17:47:52