Prem Singh Gehlot vs The State Of Madhya Pradesh
2023 Latest Caselaw 18556 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 3 rd OF NOVEMBER, 2023
                                               WRIT PETITION No. 20403 of 2021

                           BETWEEN:-
                           PREM SINGH GEHLOT S/O SHRI CHUNNI LAL GEHLOT,
                           AGED ABOUT 69 YEARS, OCCUPATION: RTD TEACHER
                           GOVT SUBHASH H.S INDORE, R/O 348, M.G. ROAD,
                           STREET NO. 4 MALHARGANJ INDORE (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT, ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY,      SCHOOL     EDUCATION
                                 DEPARTMENT, VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIVISIONAL    PENSION   OFFICER,  INDORE
                                 DIVISION, SETTELITE BHAWAN, COLLECTORATE
                                 CAMPUS INDORE (MADHYA PRADESH)

                           3.    DISTRICT  EDUCATION     OFFICER  SCHOOL
                                 EDUCATION DEPARTMENT, DISTRICT INDORE,
                                 BADA GANPATI, INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI RAJWARDHAN GAWDE, GOVERNMENT ADVOCATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2013 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit. Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 04-11-2023 18:42:27

2. 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 KPTCK 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.

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to

be added with effect from 01.07.2013 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 Court.

4. It is made clear that the petitioner has approached this Court at belated stage hence, he shall not be entitled for arrears and interest.

With the aforesaid, the petition stands allowed.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 04-11-2023 18:42:27