Chandbhan Jain vs M.K. Koutarya
2023 Latest Caselaw 16801 MP

                                                         1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                            ON THE 10 th OF OCTOBER, 2023
                                     CONTEMPT PETITION CIVIL No. 5419 of 2023

                           BETWEEN:-
                           1.    CHANDBHAN JAIN S/O SHRI KAPURCHAND JAIN,
                                 AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
                                 ASSISTANT TEACHER, R/O GRAM POST BHAGWA,
                                 DISTRICT CHHATARPUR (MADHYA PRADESH)

                           2.    RAMESH KUMAR JAIN S/O SHRI DHARAM DAS
                                 JAIN, AGED ABOUT 66 YEARS, OCCUPATION:
                                 RETD. TEACHER, GANJ TIRAHA , WARD NO. 10,
                                 MAIN ROAD, AJAD MUHALLA, BADAMALAHRA,
                                 DISTT. CHATTARPUR (MADHYA PRADESH)

                           3.    SURENDRA KUMAR JAIN S/O SHRI MAHENDRA
                                 KUMAR JAIN, AGED ABOUT 70 YEARS,
                                 OCCUPATION: RETD. PRINCIPAL, GRAM POST
                                 BHAGWA, DISTT. CHHATTARPUR (MADHYA
                                 PRADESH)

                           4.    HARCHARAN SHARMA S/O SHRI JHALLERAM
                                 SHARMA, AGED ABOUT 65 YEARS, OCCUPATION:
                                 RETIRED TEACHER, R/O BEHIND BIHARIJI
                                 TEMPLE, WARD NO.9, BADAMALAHARA, DISST.
                                 CHHATARPUR (MADHYA PRADESH)

                                                                              .....PETITIONERS
                           (BY SHRI R.B. TIWARI - ADVOCATE)

                           AND
                           1.    M.K.   KOUTARYA,  DISTRICT  EDUCATION
                                 OFFICER, DISTRICT CHHATARPUR (MADHYA
                                 PRADESH)

                           2.    K.D. AHIRWAR, DISTRICT PENSION OFFICER,
                                 CHHATARPUR,    DISTRICT     CHHATARPUR
                                 (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (NONE FOR THE RESPONDENTS)
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 10/11/2023
10:50:22 AM
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                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

By the instant contempt petition, the petitioners are seeking compliance of the order dated 28.03.2022 passed by this Court in W.P. No.6219/2020, whereby the Court has observed that the issue with regard to grant of increment to the persons who retired in the month of July, are entitled to get the annual increment which is to be added on the first July of every year, is pending before the Supreme Court and also before the larger Bench and the same will be governed according to the judgment passed by the Supreme Court or larger

Bench.

The Supreme Court has already decided the issue holding that the employee is entitled for the benefit despite the fact that he retired in the month of June of that year.

State Government has also come-up with a policy for granting the said benefit.

In view of the above, instead of initiating contempt proceedings, this petition is disposed of directing the respondents to consider the claim of the petitioners and grant them the benefit after recalculating their pension, within a period of thirty days from the date of receipt of copy of this order. If that is not done and the petitioners are compelled to file contempt petition again, the same shall be at the risk and cost of the respondent/contemnor.

The petition, is accordingly, disposed of.

(SANJAY DWIVEDI) JUDGE Signature Not Verified Signed by: PRACHI PANDEY Signing time: 10/11/2023 10:50:22 AM

Prachi

Signature Not Verified Signed by: PRACHI PANDEY Signing time: 10/11/2023 10:50:22 AM