Dr. Prakash Pandit vs The State Of Madhya Pradesh
2023 Latest Caselaw 17963 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 27 th OF OCTOBER, 2023
                                             WRIT PETITION No. 27089 of 2023

                           BETWEEN:-
                           DR. PRAKASH PANDIT S/O SHRI KESHAVRAM PANDIT,
                           AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                           MEDICAL OFFICER 117, SHRIKANT PALACE, KANADIYA
                           ROAD INDORE (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI RISHABH UPADHYAY, ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY HEALTH DEPARTMENT SATPUDA
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    STATE  OF   MADHYA PRADESH   HEALTH
                                 COMMISSIONER HEALTH MINISTERY BHOPAL
                                 (MADHYA PRADESH)

                           3.    CHIEF MEDICAL AND HEALTH                 OFFICER
                                 SHAJAPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI KUSHAL GOYAL, DEPUTY ADVOCATE GENERAL FOR THE
                           STATE.)

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

01. The issue involved in this writ petition has already been decided by this Court in W.P. No.2628/2023 (Bashant Kumar Rai Vs. State of M.P.) decided on 02.05.2023. The order dated 02.05.2023 is reproduced below:-

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 27-10-2023 16:43:37

''By the instant petition, the petitioner is claiming that although he stood retired on 30.06.2015 and the annual increment was to be added on 1st of July of that year, but he was not granted the said benefit.

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) whereinit has been held that benefit of annual increment which was to

be added on 1of July every year shall be paid to the employee who got retired on 30 of June of the said year, therefore the present petitioner is also entitled to get the said benefit. 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 oe.added with effect from 01.07.2015 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.

With the aforesaid, the petition stands allowed.''

02. In view of above, this Writ Petition is disposed off. The order passed in the case of Bashant Kumar Rai (supra) shall apply mutandis mutatis in the Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 27-10-2023 16:43:37

present case also.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 27-10-2023 16:43:37