Keshav Prasad Purohit vs State Of M.P.
2023 Latest Caselaw 7415 MP

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                           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. 9310 of 2023

                          BETWEEN:-
                          KESHAV PRASAD PUROHIT S/O BABULAL PUROHIT,
                          AGED ABOUT 63 YEARS, OCCUPATION: RETIRED GOVT.
                          SERVANT R/O HOUSE NO. 164 GURA MOHALLA
                          VILLAGE POST KHAPARKHEDA TEHSIL PIPARIYA
                          NARMADAPURAM DISTT. NARMADAPURAM (MADHYA
                          PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI PIYUSH BHATNAGAR - ADVOCATE)

                          AND
                          1.    STATE OF M.P. THROUGH ITS PRINCIPAL
                                SECRETARY DEPARTMENT OF PUBLIC HEALTH
                                ENGINEERING     MANTRALAYA    VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    ENGINEER   IN  CHIEF, PUBLIC    HEALTH
                                ENGINEERING   DEPARTMENT,  M.P. BHOPAL
                                (MADHYA PRADESH)

                          3.    EXECUTIVE    ENGINEER    PUBLIC  HEALTH
                                ENGINEERING,    DIVISION    HOSHANGABAD
                                DISTRICT HOSHANGABAD (MADHYA PRADESH)

                          4.    DIRECTOR, TREASURY AND ACCOUNTS, M.P.
                                VINDYACHAL BHAWAN, BHOPAL (MADHYA
                                PRADESH)

                          5.    DISTRICT PENSION OFFICER, HOSHANGABAD
                                DISTRICT HOSHANGABAD (MADHYA PRADESH)

                          6.    DISTRICT TREASURY OFFICER, HOSHANGABAD
                                DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                          (BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 5/11/2023
10:42:18 AM
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                                   This petition coming on for admission this day, th e court passed the
                          following:
                                                                 ORDER

By the instant petition, the petitioner is claiming that although he stood

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

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.

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 petitioner 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