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Anirudh Kumar Kuraria vs The State Of Madhya Pradesh
2023 Latest Caselaw 17042 MP

Citation : 2023 Latest Caselaw 17042 MP
Judgement Date : 12 October, 2023

Madhya Pradesh High Court
Anirudh Kumar Kuraria vs The State Of Madhya Pradesh on 12 October, 2023
Author: Maninder S. Bhatti
                                                           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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