K.L. Menve vs The State Of Madhya Pradesh
2023 Latest Caselaw 7529 MP

                                                            1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                  ON THE 9 th OF MAY, 2023
                                             WRIT PETITION No. 8582 of 2023

                          BETWEEN:-
                          K.L. MENVE S/O JAGAT SINGH MENVE, AGED ABOUT 72
                          Y E A R S , OCCUPATION:     RETIRED     (SECTOR
                          SUPERVISOR), GENERAL HEALTH CENTRE, GODHA
                          DONGRI, R/O GAYATRI NAGAR BHAGAT SINGH WARD,
                          NEAR PURANA KAROLA PUBLIC SCHOOL, MULTAI,
                          DISTRICT BETUL (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI JITENDRA ARYA - ADVOCATE)

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

                          2.    THE   JOINT  DIRECTOR DIVISION HEALTH
                                SERVICE BHOPAL, DISTRICT BHOPAL (MADHYA
                                PRADESH)

                          3.    CHIEF HEALTH AND MEDICAL OFFICER BETUL,
                                DISTRICT BETUL (MADHYA PRADESH)

                          4.    PENSION AND TREASURY OFFICER, BETUL,
                                DISTRICT BETUL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI L.A.S. BAGHEL - GOVERNMENT 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

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 5/10/2023 10:47:22 AM

retired on 30.06.2011 and the annual increment was to be added on 1 st 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 01.07.2011 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 ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 5/10/2023 10:47:22 AM