Shyam Vant Purohit vs The State Of Madhya Pradesh
2023 Latest Caselaw 17750 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 25 th OF OCTOBER, 2023
                                              WRIT PETITION No. 321 of 2023

                           BETWEEN:-
                           1.    SHYAM VANT PUROHIT S/O SHRI SHIV SAGAR
                                 PUROHIT,    AGE:  63   YEARS, OCCUPATION:
                                 RETIRED PRINCIPAL, GOVT. H.S. SCHOOL,
                                 JADVASKHURD, DISTRICT RATLAM (M.P.) R/O:
                                 110-B, RAJASVA COLONY, RATLAM, DISTRICT
                                 RATLAM (MADHYA PRADESH)

                           2.    AMAR KUMAR VARDHANI S/O SHRI BHAG
                                 CHAND VARDHA, AGE: 63 YEARS, OCCUPATION:
                                 RETIRED PRINCIPAL, GOVT. NIYANAND H.S.
                                 SCHOOL, DHONSVAS, DISTRICT RATLAM (M.P.)
                                 R/O: A/48, ALKAPURI, RATLAM DISTRICT
                                 RATLAM (MADHYA PRADESH)

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

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

                           2.    COMMISSIONER,      PUBLIC   INSTRUCTIONS,
                                 MADHYA PRADESH, DIRECTORATE OF PUBLIC
                                 INSTRUCTIONS (DPI), GOUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT  EDUCATION   OFFICER,  SCHOOL
                                 EDUCATION DEPARTMENT, DISTRICT RATLAM,
                                 GHAS BAZAR RATLAM (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI TARUN KUSHWAH - ADVOCATE.)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 10/25/2023
6:50:41 PM
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                           following:
                                                                  ORDER

By the instant petition, the petitioners are claiming that although they stood retired on 30.06.2021 and the annual increment was to be added on 1st of July of that year, but they were not granted the said benefit.

2. Learned counsel for the petitioners 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 KPTCK 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

petitioners are also entitled to get the said benefit.

3. Considering the aforesaid and taking note of the judgment passed by Supreme Court in case of C.P. Mundinamni (Supra), this petition is allowed, directing the respondents to grant the benefit of annual increment which was to be added with effect from 01.07.2021 and recalculate the benefit of retiral dues and pension and issue fresh PPO in favour of the petitioners within a period of three months from the date of submitting copy of this Court.

4. With the aforesaid, Writ Petition No.321 of 2023 stands allowed.

(VIVEK RUSIA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/25/2023 6:50:41 PM