Vijay Kumar Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 19341 MP

Madhya Pradesh High Court

Vijay Kumar Yadav vs The State Of Madhya Pradesh on 21 November, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 21 st OF NOVEMBER, 2023
                                             WRIT PETITION No. 28814 of 2023

                           BETWEEN:-
                           VIJAY KUMAR YADAV S/O SHRI GANESH PRASAD
                           YADAV, AGED ABOUT 63 YEARS, OCCUPATION:
                           RETIRED RURAL AGRICULTURE EXTENSION OFFICER
                           R/O 79 ANAND NAGAR GAWALI PALASIA INDORE
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI SHISHIR KUMAR PUROHIT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY    FARMER    WELFARE    AND
                                 AGRICULTURE DEVELOPMENT DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    PRINCIPAL SECRETARY FINANCE DEPARTMENT
                                 VALLABH BHAWAN MANTRALAYA BHOPAL
                                 (MADHYA PRADESH)

                           3.    COMMISSIONER    FARMER  WELFARE AND
                                 AGRICULTURE   DEPARTMENT 2ND FLOOR C
                                 WING VINDHYACHAL BHAWAN ARERA HILLS
                                 BHOPAL (MADHYA PRADESH)

                           4.    JOINT DIRECTOR AGRICULTURE SATELLITE
                                 BHAWAN    COLLECTORATE   CAMPUS MOTI
                                 TABELA INDORE (MADHYA PRADESH)

                           5.    DIVISIONAL    PENSION     OFFICER INDORE
                                 DIVISION INDORE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI VISHAL PANWAR - P.L.)

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

Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 21-11-2023
17:47:18
                                                                  2
                           following:
                                                                  ORDER

By the instant petition, the petitioner is claiming that although he stood retired on 30/6/2022 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 01.07.2022 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 and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Pramod