Sunil Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 7883 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
             HON'BLE SHRI JUSTICE PRANAY VERMA
                      ON THE 12 th OF MAY, 2023
                  WRIT PETITION No. 13709 of 2022

BETWEEN:-
SUNIL DUBEY S/O SHRI SHRINIWAS DUBEY, AGED
ABOUT 65 YEARS, OCCUPATION: RETIRED JOINT
DIRECTOR R/O 78, MISHRA NAGAR, ANNAPURNA
ROAD, INDORE (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI SHISHIR KUMAR PUROHIT - ADVOCATE)

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

2.    PRINCIPAL SECRETARY FINANCE DEPARTMENT
      GOVT. OF MADHYA PRADESH VALLABH BHAWAN
      DISTRICT BHOPAL (MADHYA PRADESH)

3.    COMMISSIONER DIRECTORATE OF FARMER
      WELFARE AND AGRICULTURE DEVELOPMENT
      2ND FLOOR C WING VINDHYACHAL BHAWAN
      ARERA HILLS (MADHYA PRADESH)

4.    JOINT    DIRECTOR AGRICULTURE FARMER
      WELFARE AND AGRICULTURE DEVELOPMENT
      COLELCTORATE    CAMPUS   MOTI  TABELA
      (MADHYA PRADESH)

5.    DIVISIONAL    PENSION     OFFICER INDORE
      DIVISION SATELLITE BHAWAN COLLECTORATE
      CAMPUS MOTI TABELA (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

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

By this petition the petitioner has prayed for the following relief:

A) It is therefore prayed that petition may kindly be allowed and petitioner may kindly be granted the annual increment which fell due on 01.07.2017 for the services rendered by him w.e.f.01.07.2016 to 30.06.2017.

B) Petition may kindly be allowed by issuing appropriate Writ, order or direction by commanding the respondents to revise the pension by adding increment and pay the arrears due him with the interest @ 6% per annum.

C) Any other relief which the Hon'ble Court deems fit may kindly be granted.

2. During course of hearing, learned counsel for the petitioner has

brought to the notice of this Court order passed by the Supreme Court in SLP (C) No. 6185/2020, The Director (Admin. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. decided on 11.04.2023. It is submitted that case of the petitioner is similar to the aforesaid case. The said preposition has not been disputed by the respondents.

3. 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 01.07.2017 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.

                                                                    (PRANAY VERMA)
        Digitally signed by JYOTI                                       JUDGE
jyoti   CHOURASIA
        Date: 2023.05.13 12:36:52
        +05'30'