Chhote Lal Patel vs State Of Madhya Pradesh
2023 Latest Caselaw 7932 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                             ON THE 12 th OF MAY, 2023
                                          WRIT PETITION No. 10988 of 2023

                          BETWEEN:-
                          1.    CHHOTE LAL PATEL S/O LATE SHRI DEENA LAL
                                PATEL, AGED ABOUT 66 YEARS, OCCUPATION:
                                RETIRED ASSISTANT GRADE-II FROM THE
                                OFFICE OF DEPUTY DIRECTOR AGRICULTURE
                                MANDLA DISTRICT MANDLA R/O HOUSE NO. 1252
                                SHAKTI NAGAR CHHUNA BHATTA MANDLA
                                DISTRICT MANDLA (MADHYA PRADESH)

                          2.    MILAN SINGH PARASTEY S/O LATE SHRI LOKAN
                                SINGH PARASTEY, AGED ABOUT 65 YEARS,
                                OCCUPATION: RETIRED ASSISTANT DIRECTOR
                                TRAINING CENTER DINDORI DISTRICT DINDORI
                                R/O DEVDARA WARD MANDLA DISTRICT
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI AJEET SINGH - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL   SECRETARY   AGRICULTURE
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    DIRECTOR KISAN KALAYAN TATHA KRISHI
                                V I K A S VINDHYACHAL BHAWAN     BHOPAL
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    DEPUTY DIRECTOR KISAN KALAYAN TATHA
                                KRISHI    VIKAS CHILMAN CHOCK MANDLA
                                DISTRICT MANDLA (MADHYA PRADESH)

                          4.    SUB DIVISIONAL OFFICER (AGRICULTURE)
                                KISAN KALYAN TATHA KRISHI VIKAS SUB
                                DIVISION CHILMAN CHOCK MANDLA DISTRICT
                                MANDLA (MADHYA PRADESH)

Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 5/13/2023
11:36:54 AM
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                          5.     PRINCIPAL   AGRICULTURE    DEVELOPMENT
                                 TRAINING CENTER DINDORI DISTRICT DINDORI
                                 (MADHYA PRADESH)

                          6.     DISTRICT PENSION OFFICER DINDORI DISTRICT
                                 DINDORI (MADHYA PRADESH)

                          7.     DISTRICT PENSION OFFICER MANDLA DISTRICT
                                 MANDLA (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioners are claiming that although petitioner

no.1 stood retired on 30.06.2016 and petitioner no.2 stood retired on

30.06.2020 and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

Learned counsel for the petitioners submit 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 petitioners are also entitled to get the said benefit on the ground of parity.

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 in identical circumstances, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2016 and 01.07.2020 respectively and recalculate the benefit of retiral dues and pension Signature Not Verified Signed by: SHALINI LANDGE Signing time: 5/13/2023 11:36:54 AM

and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this order.

With the aforesaid, the petition stands allowed.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 5/13/2023 11:36:54 AM