Bharat Singh Kushwah vs Madhya Pradesh Power ...
2023 Latest Caselaw 17859 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 26 th OF OCTOBER, 2023
                                             WRIT PETITION No. 27043 of 2023

                          BETWEEN:-
                          BHARAT SINGH KUSHWAH S/O LATE SHRI MOTIRAM
                          KUSHWAH, AGED-65 YEARS, OCCUPATION: RETIRED
                          R/O NEAR SABJI MANDI GHAS MANDI MORAR
                          GWALIOR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI S.K.S. JADOUN- ADVOCATE )

                          AND
                          1.    MADHYA PRADESH POWER TRANSMISSION
                                COMPANY LTD BLOCK 4 SHAKTI BHAWAN,
                                VIDYUT NAGAR, RAMPUR JABALPUR THROUGH
                                MANAGING DIRECTOR (MADHYA PRADESH)

                          2.    SUPERINTENDENT ENGINEER (TESTING AND
                                COMMUNICATION) MADHYA PRADESH POWER
                                TRANSMISSION COMPANY LTD ROSHNIGHAR
                                GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI DEEPAK KHOT- GOVERNMENT ADVOCATE)

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

The present petition under Article 226 of the Constitution of India has been directed against the inaction on the part of the respondents in not granting the annual increment which fell due on 01.07.2020 to the petitioner, whereas the petitioner has completed service of required period in preceding year from the date of last increment and retired on 30.06.2020 despite of various orders of Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 27-Oct-23 11:07:45 AM

Hon'ble apex court and High Courts.

At the outset, learned counsel for the petitioner while placing reliance in the matter of Dr. Rameshwar Prasad Gupta vs. State of Madhya Pradesh passed in W.P. No. 12902/2023 dated 15.06.2023 submitted that the controversy has been put to rest by this Court, wherein reliance was placed in the matter of Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., passed in Civil Appeal No.2471/2023 dated 11.04.2023 whereby after considering the judgments of different High Courts including this Court it has been held that benefit of annual increment which is to be added on 1st of July every year shall be paid to the employee who is going

to be retired on 30th June of the said year. It was further submitted that as the controversy is now no longer res integra and the present petitioner has stood retired on 30.06.2020, therefore, he is entitled for availing the benefit of annual increment which would be added on 01.07.2020.

Learned State counsel submits that the controversy though appears to be put to rest by the Hon'ble Apex court that earlier due to difference of opinion between the two Benches of this Court the subject matter was referred to a large Bench which is still pending, thus, he prays for deferment of the matter till the decision of the larger Bench.

After hearing counsels for the parties and perusing the record, this Court finds that the said controversy has already been put to rest by the Hon'ble Apex Court which has been elucidated by this Court in the matter o f Dr. Rameshwar Prasad Gupta vs. State of M.P. (supra).

Resultantly, it is held that the petitioner is entitled for the benefit of annual increment which will fell due on first day of July of the year of his retirement and the respondent is, therefore, directed to grant the benefit of annual Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 27-Oct-23 11:07:45 AM

increment and recalculate the benefit of retiral dues and pension of the petitioner and issue fresh pension payment order in favour of the petitioner, if found entitled.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of. E-copy/certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 27-Oct-23 11:07:45 AM