Citation : 2023 Latest Caselaw 17042 MP
Judgement Date : 12 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 12 th OF OCTOBER, 2023
WRIT PETITION No. 17441 of 2019
BETWEEN:-
ANIRUDH KUMAR KURARIA S/O LATE SHRI BRIJ
BIHARI KURARIA, AGED ABOUT 68 YEARS,
OCCUPATION: RETIRED PRINCIPAL H.NO. 8,
BRAMHMANPURA SIHORA, DISTRICT JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANIRUDH PANDEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. PUBLIC
INSTRUCTION SANCHANALAYA GUATAM NAGAR
BHOPAL (MADHYA PRADESH)
2. SECRETARY SCHOOL EDUCATION DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. COLLECTOR KATNI DISTRICT KATNI (MADHYA
PRADESH)
4. DISTRICT EDUCATION OFFICER KATNI KATNI
DISTRICT KATNI (MADHYA PRADESH)
5. BLOCK EDUCATION OFFICER DHEEMARKHEDA
KATNI DISTRICT KATNI (MADHYA PRADESH)
6. DISTRICT PENSION OFFICER K A T N I KATNI
DISTRICT KATNI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K.V.S. SUNIL RAO - PANEL LAWYER )
This petition coming on for admission this day, th e court passed the
following:
Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 10/13/2023
3:31:08 PM
2
ORDER
By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2013 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 01.07.2013 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.
(MANINDER S. BHATTI) JUDGE ac
Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 10/13/2023 3:31:08 PM
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