Ramprakash Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 16699 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 9 th OF OCTOBER, 2023
                  WRIT PETITION No. 25753 of 2023

BETWEEN:-
RAMPRAKASH GUPTA S/O SHRI MATHURA PRASAD
GUPTA, AGED ABOUT 62 YEARS, OCCUPATION:
RETIRED HOUSE NO. 76, GHANDI NAGAR, TEELA
KHEDI ROAD, AGYARAM COLONY, VIDISHA (MADHYA
PRADESH)

                                                           .....PETITIONER
(BY SHRI RAVI GUPTA - ADVOCATE)

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

2.    THE DIRECTOR , PUBLIC INSTRUCTIONS STATE
      OF M.P GAUTAM NAGAR BHOPAL (MADHYA
      PRADESH)

3.    THE DISTRICT EDUCATION OFFICER VIDISHA
      (MADHYA PRADESH)

4.    THE DISTRICT PENSION OFFICER DISTRICT
      VIDISHA (MADHYA PRADESH)

5.    AHARAN    SANVITARAN    ADHIKARI, BLOCK
      SHIKSHA     ADHIKARI DISTRICT   VIDISHA
      (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

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

1. The instant petition has been preferred by petitioner, under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondents for not extending the benefit of increment. Petitioner, who retired on 30.06.2023, was denied increment on the pretext that he is not entitled.

2 . Learned counsel for petitioner submits that whether a government employee retiring on 30th June of a year is entitled to avail the benefit of increment as fixed on 1st of July is being decided by the Supreme Court recently in the case of the Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No.2471/2023 dated 11.04.2023, wherein after considering the judgments of different High Courts including the

Madhya Pradesh High Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going to be retired on 30th June of the said year. It is further submitted that controversy is now no longer res integra. The present petitioner stood retired on 30th June, 2023, therefore, he is entitled to avail the benefit of annual increment which was to be added on 01.07.2023. The said aspect has also been dealt with by the Full Bench of this Court also in the case of Ratanlal Rathore Vs. The State of Madhya Pradesh and others (Writ Petition No.4118 of 2020) decided on 28.07.2023.

3. Learned counsel for respondent/State could not dispute the passing of said order. However, he submits that it appears that SLP arising out of judgment of Division Bench of this Court is still pending consideration before the Supreme Court.

4. Heard the counsel for the parties and perused the documents appended thereto.

5. After going through the judgment delivered by the Apex Court in the

case of C.P. Mundinamani (supra), in para 6.3 and 6.7 it appears that the view of M.P. High Court in the case of Yogendra Singh Bhadauria and ors. vs. State of Madhya Pradesh has been considered in favour of employee who is retiring on 30th June of that year. Once the Apex Court as well as Full Bench of this Court in the case of Ratanlal Rathore (supra) has decided the controversy and found the employee entitled for the benefit of approval of entitlement to receive increment while rendering the services over a year with good behaviour and efficiency then it appears that petitioner has made out his case.

6 . Resultantly, respondents are directed to grant the benefit of annual increment which was to be added w.e.f. 01.07.2023 and recalculate the benefit of retiral dues and pension etc. and issue fresh pension payment order in favour of the petitioner, if not already issued, that too within a period of three months from the date of submission of certified copy of this order.

7. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

CHAUR Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c 3d4de08c6bb9303e52e2e7e728d9bac85bd 3, pseudonym=CA2EA6EDDF504F8F9C2790FA

ASIA 9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C4775 77EEDBA3AB4F94593A930B98DAE1B0AD16 F90B5FD, cn=ASHISH CHAURASIA Date: 2023.10.09 19:44:33 -07'00'