Vinod Kumar Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 7414 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                ON THE 8 th OF MAY, 2023
                                            WRIT PETITION No. 9087 of 2023

                          BETWEEN:-
                          1.    VINOD KUMAR KUSHWAH S/O LATE SHRI
                                RAMADHAR SINGH KUSHWAH, AGED ABOUT 63
                                YEARS, OCCUPATION: RETIRED HORTICULTURE
                                DEVELOPMENT OFFICER R/O U.L.URMELE
                                PUSHPA    NAGAR     BEHIND   KACHHPURA
                                MALGODAM KAMLA NEHRU WARD (MADHYA
                                PRADESH)

                          2.    SHAKTTISINGH SHAKTAWAT S/O SHRI SAJJAN
                                SINGH, AGED ABOUT 64 YEARS, OCCUPATION:
                                RETIRED    HORTICULTURE     DEVELOPMENT
                                OFFICER R/O KANDIA ROAD, 69 KAMLA NEHRU
                                WARD, JABALPUR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SHEKHAR SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                HORTICULTURE  AND   FOOD  PROCESSING
                                VALLABH   BHAWAN,  BHOPAL   (MADHYA
                                PRADESH)

                          2.    THE     DIRECTOR,         DEPARTMENT     OF
                                HORTICULTURE   AND        FOOD   PROCESSING
                                VALLABH    BHAWAN,        BHOPAL   (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 5/11/2023 10:42:18 AM

B y the instant petition, the petitioners are claiming that although they

stood retired on 30.06.2022 and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

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 & 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.

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 01.07.2022 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.

With the aforesaid, the petition stands allowed.

(SANJAY DWIVEDI) JUDGE sushma

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 5/11/2023 10:42:18 AM