Narayan Prasad Chadhar vs Managing Director
2023 Latest Caselaw 19084 MP

                              1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                         BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 9th OF NOVEMBER, 2023
                 WRIT PETITION No. 3514 of 2020

BETWEEN:-

NARAYAN PRASAD CHADHAR S/O LATE
DOMANLAL CHADHAR, AGED ABOUT 64 YEARS,
OCCUPATION: PENSIONER, R/O. VILLAGE AND
POST SAHAJPUR BHERAGHAT JABALPUR
(MADHYA PRADESH)
                                                      .....PETITIONER
(BY DR. EKNATH JYOTISHI - ADVOCATE )

AND

1.    MANAGING   DIRECTOR    M.P.  PURVA
      KSHETRA VIDYUT VITARAN CO. LTD.
      SHAKTI BHAWAN P.O. RAMPUR JABALPUR
      (MADHYA PRADESH)

2.    CHIEF GENERAL MANAGER (JR) M. P.
      PURVA KSHETRA VIDYUT VITRAN CO.
      LTD. SHAKTI BHAWAN P.O. RAMPUR
      JABALPUR (MADHYA PRADESH)

3.    EXECUTIVE ENGINEER (O & M) DN. M. P.
      PURVA KSHETRA VIDYUT VITARAN CO.
      LTD. ROYAL HOTEL BUILDING CIVIL
      LINES JABALPUR (MADHYA PRADESH)
                                                   .....RESPONDENTS
 (BY SHRI ANKIT AGRAWAL - ADVOCATE )

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

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(i) To issue a writ in the nature of mandamus by directing the respondents to pay annual increment fell due on 1.7.2015 to the petitioner.

(ii) To direct the respondents to pay the annual increments i.e. pay band Rs.19640/- grade pay Rs.2900/- and arrears due from 1.7.2014 with interest of 6% p.a.

(iii) To grant any other relief, which this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

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 and 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 employees who got retired on 30th of June of the said year, therefore the present petitioner is also entitled to get the said benefit.

3. No other argument is advanced by the counsel for the petitioner.

4. 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.

5. It is directed that the petitioner is entitled for the benefit of annual increment which was to be added with effect from 1st of July.

6. Accordingly, the respondents are directed to recalculate the 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.

7. However, the petitioner had superannuated on 30.6.2015, thus petitioner was a fence sitter and he did not approach the Court and it is well established principle of law that the Court can deny relief to similarly situated person, who was not vigilant for his rights and approached the Court by waking up only after the rights of vigilant litigants were adjudicated by the court.

8. Since the petitioner was a fence sitter, therefore, by extending the benefit of the judgment passed by the Supreme Court in the case of The Director (Admn. and HR KPTCL) (supra), it is held that the petitioner shall not be entitled for arrears but shall only be entitled for refixation of pension payable in future.

9. With aforesaid direction, the petition stands allowed.

(G.S. AHLUWALIA) JUDGE

JP JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE, 2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a, postalCode=482001, st=Madhya Pradesh,

PAROUHA serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143 AD99, cn=JITENDRA KUMAR PAROUHA Date: 2023.11.09 04:32:20 -08'00'