Satya Narayan Rathore vs The State Of Madhya Pradesh School ...
2023 Latest Caselaw 17416 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 17 th OF OCTOBER, 2023
                                               WRIT PETITION No. 26794 of 2022

                           BETWEEN:-
                           SATYA NARAYAN RATHORE S/O SHRI KANHAIYA LAL
                           RATHORE, AGED ABOUT 64 YEARS, OCCUPATION: RTD.
                           ASST. TEACHER GOVT. PRIMARY SCHOOL MIRJAPUR
                           R/O BADRI DHAM NAGAR EXTENTION DEWAS
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT - ADVOCATE)

                           AND
                           1.    THE      STATE     OF   MADHYA   PRADESH
                                 T H R O U G H PRINCIPAL SECRETARY SCHOOL
                                 EDUCATION DEPARTMENT VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    DISTRICT  EDUCATION  OFFICER   SCHOOL
                                 EDUCATION   DEPARTMENT DISTRICT DEWAS
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI - P.L.)

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

By the instant petition, the petitioner is claiming that although he stood

retired on 30.06.2020 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 Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 17-10-2023 18:54:16

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 01.07.2020 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.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 17-10-2023 18:54:16