Subhash Kumar Dubey vs State Of Madhay Pradesh
2023 Latest Caselaw 7530 MP

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                              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. 10385 of 2023

                         BETWEEN:-
                         SUBHASH KUMAR DUBEY S/O LATE SHRI DEVIDUTT
                         DUBEY, AGED ABOUT 75 YEARS, OCCUPATION: JUNIOR
                         ACCOUNTS OFFICER (RETD) 1377, NAPIER TOWN,
                         HOME SCIENCE COLLEGE ROAD, JABALPUR (M.P.) -
                         482001.

                                                                                    .....PETITIONER
                         (BY SHRI C.L. PATEL - ADVOCATE)

                         AND
                         1.    STATE OF MADHAY PRADESH THR. SECRETARY
                               PUBLIC HEALTH & FAMILY WELFARE DEPTT.,
                               MANTRALAYA, VALLABH BHAWAN BHOPAL
                               (M.P.) - 462001

                         2.    DIRECTOR PUBLIC HEALTH AND FAMILY
                               WELFARE DIRECTORATE OF HEALTH SERVICES
                               SATPURA BHAWAN MADHYA PRADESH BHOPAL
                               (M.P.) 462001

                         3.    THE PRINCIPAL HEALTH AND FAMILY WELFARE
                               PLANNING CENTRE JABALPUR (M.P.) 482001.

                         4.    THE DISTRICT PENSION OFFICER DISTRICT
                               JABALPUR (M.P.) PIN - 482001

                         5.    DISTRICT    TREASURY    OFFICER       DISTRICT
                               TREASURY      JABALPUR JABALPUR       (MADHYA
                               PRADESH) - PIN 482001.

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

                               This petition coming on for admission this day, th e court passed the
                         following:
Signature Not Verified
Signed by: RAGHVENDRA
SHARAN SHUKLA
Signing time: 5/9/2023
7:17:49 PM
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                                                                ORDER

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

retired on 30.06.2008 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 01.07.2008 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 7:17:49 PM