Madhya Pradesh High Court
Bhupendra Kumar Gupta vs The State Of Madhya Pradesh on 26 October, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 26 th OF OCTOBER, 2023
WRIT PETITION No. 3896 of 2022
BETWEEN:-
1. BHUPENDRA KUMAR GUPTA S/O SHRI JAGDISH
NARAYAN, AGED ABOUT 63 YEARS, OCCUPATION:
RETD TEACHER R/O 309, M.G. ROAD,
SONKACHCHH, DISTRICT DEWAS (MADHYA
PRADESH)
2. MANGI LAL MALVIYA S/O SHRI AMAR SINGH
MALVIYA, AGED ABOUT 63 YEARS, OCCUPATION:
RTD. HEAD MASTER GOVT MIDDLE SCHOOL
DUDALAI BLOCK SONKACHCHH DIST DEWAS
OPPOSITE PUSHYAGIRI INDIAN PETROL PUMP
SANVER SONKACHCHH DISTRICT DEWAS
(MADHYA PRADESH)
3. SATISH CHANDRA TIWARI S/O SHRI KESHAV
PRASAD TIWARI, AGED ABOUT 62 YEARS,
OCCUPATION: RTD. PRINCIPAL, GOVT. HIGH
SCHOOL CHOUBARA JAGIR BLOCK
SONKACHCHH DIST DEWAS 18, LAXMI BAI
MARG, SONKACHCHH DISTRICT DEWAS
(MADHYA PRADESH)
4. RAM RATAN MALVIYA S/O SHRI DHULJI
MALVIYA, AGED ABOUT 63 YEARS, OCCUPATION:
RTD. HEAD MASTER GOVT. PRIMARY SCHOOL,
SANVER SONKACHCHH DIST DEWAS VILLAGE
KULALA POST BHOURASA TEH SONKACHCHH
DISTRICT DEWAS (MADHYA PRADESH)
5. MAHESH CHANDRA SAMARIYA S/O SHRI
KANHAIYA LAL, AGED ABOUT 62 YEARS,
OCCUPATION: RTD. TEACHER GOVT.
EXCELLENCE H.S. SCHOOL SONKACHCHH DIST
DEWAS BADRINATH NAGAR, SANVER
S ON KACHCHH, DISTRICT DEWAS (MADHYA
PRADESH)
6. GOPAL SINGH CHOUHAN S/O SHRI PADMAJI
CHOUHAN, AGED ABOUT 62 YEARS,
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 26-10-2023
18:24:24
2
OCCUPATION: RTD. ASST. TEACHER GOVT
MIDDLE KUMHARIYRAV BLOCK SONKACHCHH
DIST DEWAS VILLAGE POST BEESA KHEDI, TEH
SONKACHCHH DISTRICT DEWAS (MADHYA
PRADESH)
7. NARAYAN SINGH MALVIYA S/O SHRI LAXMI
NARAYAN, AGED ABOUT 63 YEARS, OCCUPATION:
RTD. ASST. TEACHER GOVT. PRIMARY SCHOOL
DHARU KHEDI BLOCK SONKACHCHH DIST
DEWAS VILLAGE KULALAL POST BHOURASA TEH
SONKACHCHH, DISTRICT DEWAS (MADHYA
PRADESH)
8. KAILASH CHANDRA JAIN S/O SHRI MANAK
CHAND JAIN, AGED ABOUT 66 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL ADHERA BLOCK
SONKACHCHH DIST DEWAS 2, KABIR MARG
SONKACHCHH DISTRICT DEWAS (MADHYA
PRADESH)
.....PETITIONER
(SHRI KISHORI LAL PUROHIT, ADVOCATE.)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. DIVISIONAL PENSION OFFICER, UJJAIN
DIVISION, BHARATPURI, UJJAIN (MADHYA
PRADESH)
3. JOINT DIRECTOR, PUBLIC INSTRUCTIONS
UJJAIN DIVISION BHARATPURI, UJJAIN
(MADHYA PRADESH)
4. DISTRICT EDUCATION OFFICER SCHOOL
EDUCATION, DEPARTMENT , DISTRICT DEWAS,
A.B. ROAD DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRADYUMNA KIBE, PANEL LAWYER FOR THE STATE.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 26-10-2023
18:24:24
3
ORDER
By the instant petition, the petitioners are claiming that although they
stood retired on 30.06.2021, 30.07.2020 and 30.06.2017 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 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 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
petitioner is 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 01.07.2020, 01.07.2021 and 01.07.2017 respectively
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.
The petitioner No.8 shall not be entitled for arrears because of delay in
approaching before this Court.
With the aforesaid, the petition stands allowed.
(VIVEK RUSIA)
JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 26-10-2023
18:24:24
