Shishu Kumar Chourasia vs The State Of Madhya Pradesh
2023 Latest Caselaw 7933 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. 11206 of 2023

                          BETWEEN:-
                          SHISHU KUMAR CHOURASIA S/O LATE SHRI LALLU
                          RAM   CHOURASIA, AGED ABOUT 65 YEARS,
                          OCCUPATION: RETIRED O.A. GRADE - II FROM THE
                          OFFICE OF ASSISTANT DIRECTOR HORTICULTURE
                          MANDLA DISTRICT MANDLA R/O SARDAR PATEL
                          WARD MANDLA DISTRICT MANDLA (MADHYA
                          PRADESH)

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

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

                          2.    D I R E C T O R HORTICULTURE  AND FARM
                                FORESTRY           DEPARTMENT 6TH FLOOR
                                VINDHYACHAL BHAWAN BHOPAL (MADHYA
                                PRADESH)

                          3.    ASSISTANT DIRECTOR HORTICULTURE MANDLA
                                DISTRICT MANDLA (MADHYA PRADESH)

                          4.    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

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

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

retired on 30.06.2020 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 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 petitioner is 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 01.07.2020 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.

(VISHAL MISHRA) JUDGE Sha

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