Krishnakant Solanki vs The State Of Madhya Pradesh
2023 Latest Caselaw 7977 MP

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 IN THE HIGH COURT OF MADHYA PRADESH
              AT I N D O R E
            BEFORE NATIONAL LOK ADALAT
   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                               &
                        PIYUSH JAIN

                 ON THE 13th OF MAY, 2023

             WRIT PETITION No. 10304 of 2023

BETWEEN:-
KRISHNAKANT SOLANKI S/O JAIRAM SOLANKI, AGED ABOUT
63 YEARS, OCCUPATION: RETD. GOVT. SERVANT VILLAGE
DEDLA, TEHSIL MANAWAR, DISTRICT DHAR (MADHYA
PRADESH)
                                                .....PETITIONER
(BY SHRI SUBHASH UPADHYAYA, ADVOCATE FOR PETITIONER)

AND
   THE STATE OF MADHYA PRADESH SECRETARY TRIBAL
1. DEVELOPMENT DEPARTMENT VALLABH BHAWAN, BHOPAL
   (MADHYA PRADESH)
   ASSISTANT   COMMISSIONER   TRIBAL DEVELOPMENT
2.
   DEPARTMENT DIST. DHAR (MADHYA PRADESH)
    DISTRICT TREASURY OFFICER DIST. DHAR (MADHYA
3.
    PRADESH)
                                             .....RESPONDENTS
(BY SHRI TARUN PAGARE, ADVOCATE FOR STATE)
      This petition coming on for conciliation this day, the Bench
passed the following:
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                           ORDER

With the consent of parties, matter is finally disposed of.

The petitioner is seeking direction for payment of one annual increment and revised pay-scale and all the retiral dues with effect from 01.07.2021 in place of 30.06.2021 after completing the age of superannuation and on attaining 62 years of age in the Department and also seeking direction for payment to revised pay-scale and other consequential benefits in light of order dated 25.04.2023 passed by Hon'ble Single Bench in Writ Petition No.14486 of 2020 (Goverdhan Prasad Parmar vs. State of Madhya Pradesh).

Counsel for the State submits that earlier there were inconsistencies in the order of Division Bench and the matter was referred to larger Bench.

Counsel for the petitioner submits that the said issue has been settled by the Supreme Court in the case of The Director (Admn. And H.R.) KPTCL and Others Vs. C.P. Mundinamani and Others (Civil Appeal No.2471/2023) decided on 11.04.2023, the Apex Court upheld the decision of the High Court whereby direction was given to grant one annual increment on the last day of his service for rendering

the service precedented one year from the date of retirement which would be heavier and effective, in view of the judgment passed by the Hon'ble Apex Court, this Court has disposed and allowed the writ petition No.14486 of 2020 (Goverdhan Parmar (supra)).

In view of the aforesaid submissions, the present petition is disposed of with liberty to the petitioner to file afresh representation along with the order passed by this Court in the case of Goverdhan Parmar (supra) in support of his claim and in case if such representation is submitted before the competent authority, the same shall be considered and decided in the light of the judgment passed by the Apex Court in the case of and this Court in the case of The Director (Admn. And H.R.) KPTCL (supra) and if the claim of the petitioner is found to be covered by the said judgments the benefits of one increment from 01.07.2021 shall be granted to the petitioner and his retiral dues shall also be revised and shall be paid to him. The pensionary amount shall also be revised and in case if the competent authority views that the claim of the petitioner is not covered by the said judgments, as aforesaid, the competent authority shall

pass a reasoned and speaking order within a period of four months from the date of filing of the fresh representation of the petitioner.

With the aforesaid, the present petition stands disposed of. Certified copy as per Rules.

                (JUSTICE VIJAY KUMAR SHUKLA)                (SHRI PIYUSH JAIN)
                       MEMBER                                   MEMBER


  Arun/-

Digitally signed by ARUN
NAIR
Date: 2023.05.16 10:14:03
+05'30'