Citation : 2023 Latest Caselaw 7417 MP
Judgement Date : 8 May, 2023
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. 10597 of 2023
BETWEEN:-
NARAYAN DAS JATAV S/O LATE SHRI AYUDHI JATAV,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED DSP
R/O 322/1 SNEH NAGAR HANUMANPURI DISTRICT
JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANSHUL TIWARI - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
FINANCE BHOPAL (MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE MADHYA
PRADESH POLICE HEADQUARTERS
JEHANGIRABAD BHOPAL (MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE, POLICE LINE,
SOUTH CIVIL LINES JABALPUR (MADHYA
PRADESH)
4. DISTRICT PENSION OFFICER JABALPUR
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GIRISH KEKRE - ADVOCATE)
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 30.06.2015 and the annual increment was to be added on 1st of July Signature Not Verified Signed by: RAGHVENDRA SHARAN SHUKLA Signing time: 5/9/2023 11:38:02 AM
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 01.07.2015 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 RAGHVENDRA
Signature Not Verified Signed by: RAGHVENDRA SHARAN SHUKLA Signing time: 5/9/2023 11:38:02 AM
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