Dr. Rakesh Kumar Khare vs The State Of Madhya Pradesh
2023 Latest Caselaw 18995 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 8 th OF NOVEMBER, 2023
                                              WRIT PETITION No. 28568 of 2023

                           BETWEEN:-
                           DR. RAKESH KUMAR KHARE S/O LATE SHRI R.P.
                           KHARE, AGED ABOUT 64 YEARS, OCCUPATION:
                           RETIRED R/O 32-C, RAJSHREE VATIKA VANDANA
                           NAGAR NEAR TILAK NAGAR, INDORE (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI L. C. PATNE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY DEPARTMENT OF HOME (POLICE)
                                 VALLABH BHAWAN MANTRALAYA, BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE COMMISSIONER OF HIGHER EDUCATION,
                                 GOVERNMENT OF MADHYA PRADESH SATPURA
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           3.    THE PRINCIPAL,   GOVERNMENT COLLEGE
                                 NARELA, GAS RAHAT COLONY, NEAR JAIN
                                 MANDIR, KAROND INDORE (MADHYA PRADESH)

                           4.    THE DIVISIONAL PENSION OFFICER INDORE
                                 DIVISION, MOTI TABELA, COLLECTORATE
                                 CAMPUS, INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI - P.L.)

                                 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 Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 08-11-2023 17:44:10

retired on 30/6/2021 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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 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.

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 01.07.2021 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.

4. With the aforesaid, the petition stands allowed.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 08-11-2023 17:44:10